11. INCOME TAXES

The components of the provision (benefit) for income taxes from continuing operations are as follows:


Income Taxes:	July 31, 2013		July 31, 2012		July 31, 2011
Federal	$	74,610	$	52,665	$	43,787
State and local		4,187		4,250		(151)

Total current expense (benefit)		78,797		56,915		43,636

Federal		(7,712)		(2,888)		(3,049)
State and local		(789)		(74)		103

Total deferred expense (benefit)		(8,501)		(2,962)		(2,946)


Total income tax expense	$	70,296	$	53,953	$	40,690

The differences between income taxes at the federal statutory rate and the actual income taxes are as follows:


	July 31, 2013		July 31, 2012		July 31, 2011
Provision at federal statutory rate	$	77,691	$	57,886	$	46,318
State and local income taxes, net of federal benefit		2,815		846		590
Federal income tax credits and incentives		(2,468)		(831)		(1,697)
Domestic production activities deduction		(7,303)		(5,145)		(4,574)
Change in uncertain tax positions		(718)		1,879		(1,107)
Executive compensation limitation		–		38		–
Reduction of excess current tax payable and deferred tax liabilities		13		(1,018)		(48)
Other permanent items		266		298		1,208

Total income tax expense	$	70,296	$	53,953	$	40,690


A summary of deferred income taxes is as follows:	July 31,		July 31,
	2013		2012
Current deferred tax asset (liability):
Inventory basis	$	(314)	$	(589)
Employee benefits		2,215		2,026
Self-insurance reserves		8,333		8,556
Accrued product warranties		30,802		26,690
Accrued incentives		2,672		2,369
Sales returns and allowances		1,381		1,145
Accrued expenses		2,145		1,399
Unrecognized tax benefits		984		963
Other		(1,700)		(1,662)

Total current net deferred tax asset	$	46,518	$	40,897


Long-term deferred tax asset (liability):
Property basis		(2,007)		(4,482)
Investments		(121)		(433)
Deferred compensation		3,349		5,069
Tax credit carryforwards		547		–
Intangibles		(33,464)		(35,524)
Unrecognized tax benefits		13,136		14,436

Total net long-term deferred tax asset (liability)		(18,560)		(20,934)

Net deferred tax asset	$	27,958	$	19,963

As of July 31, 2013, the Company has a $69 capital loss carryover that expires in 2014 and $1,282 of state tax credit carryforwards that expires from 2022-2023 both of which the Company expects to realize prior to expiration. In addition, the Company has approximately $66,000 of gross state tax Net Operating Loss (“NOL”) carryforwards that expire from 2014-2033 that the Company does not expect to realize and therefore has been fully reserved. The deferred tax asset of $1,375 associated with the state tax NOL carryforwards and the related equal and offsetting valuation allowance are not reflected in the table above.

Unrecognized Tax Benefits:

The benefits of tax positions reflected on income tax returns but whose outcome remains uncertain are only recognized for financial accounting purposes if they meet minimum recognition thresholds. The total amount of unrecognized tax benefits that, if recognized, would have impacted the Company’s effective tax rate were $21,765 for 2013, $22,454 for 2012 and $21,453 for 2011.

Changes in the unrecognized tax benefit during fiscal year 2013, 2012 and 2011 were as follows:


	2013 Unrecognized Tax Benefit			2012 Unrecognized Tax Benefit			2011 Unrecognized Tax Benefit

Beginning balance		$	33,900		$	32,174		$	31,039
Tax positions related to prior years:
Additions			436			562			1,817
Reductions			(113)			(284)			(1,062)
Tax positions related to current year:
Additions			5,348			3,995			3,713
Settlements			(5,593)			(1,364)			(2,642)
Lapses in statute of limitations			(1,245)			(1,183)			(691)

Ending balance		$	32,733		$	33,900		$	32,174

It is the Company’s policy to recognize interest and penalties accrued relative to unrecognized tax benefits in income tax expense. Interest and penalties related to unrecognized tax benefits are not included in the schedule above. The total amount of liabilities accrued for interest and penalties related to unrecognized tax benefits as of July 31, 2013, July 31, 2012, and July 31, 2011 were $11,671, $13,265, and $12,533 respectively. The total amount of interest and penalties expense (benefit) recognized in the Consolidated Statements of Income and Comprehensive Income for the fiscal years ended July 31, 2013, July 31, 2012, and July 31, 2011 were $(932), $503 and $(995), respectively.

The total unrecognized tax benefits above, along with the related accrued interest and penalties, are reported within the liability section of the Consolidated Balance Sheets. A portion of the unrecognized tax benefits is classified as short-term and is included in the “Income and other taxes” line of the Consolidated Balance Sheets, while the remainder is classified as a long-term liability.

The components of total unrecognized tax benefits are summarized as follows:


	2013			2012			2011

Unrecognized tax benefits		$	32,733		$	33,900		$	32,174
Reduction to unrecognized tax benefits for tax credit carry forward			(440)			–			–
Accrued interest and penalties			11,671			13,265			12,533

Total unrecognized tax benefits		$	43,964		$	47,165		$	44,707


Short term, included in “Income and other taxes”		$	2,745		$	2,649		$	1,683
Long term			41,219			44,516			43,024

Total unrecognized tax benefits		$	43,964		$	47,165		$	44,707

The Company anticipates a decrease of approximately $4,000 in unrecognized tax benefits, $1,000 in interest and $60 in penalties during fiscal 2014 from expected settlements or payments of uncertain tax positions and lapses of the applicable statutes of limitations. In addition, the Company is currently in the process of pursuing a variety of settlement alternatives with taxing authorities. It is reasonably possible that some of these settlements could be finalized in the next 12 months. If these settlements are finalized within the next 12 months, the gross unrecognized tax benefits may decrease between $2,600 and $9,700 and related accrued interest and penalties may decrease between $1,300 and $3,800. It is reasonably possible that some of these settlements will result in cash payments by the Company. Actual results may differ materially from these estimates.

Generally, fiscal years 2010, 2011 and 2012 remain open for federal, state and foreign income tax purposes. The Company and its subsidiaries file a consolidated U.S. federal income tax return and multiple state income tax returns. The federal returns are subject to examination by taxing authorities for all years after fiscal 2009. The Company is currently under IRS audit for fiscal year 2011. The Company is also being audited by the state of California for tax years ended July 31, 2007 and July 31, 2008 and by the state of Indiana for tax years ended July 31, 2008, 2009 and 2010. The Company believes it has fully reserved for its exposure to additional payments for uncertain tax positions related to its federal, California and Indiana income tax returns in its liability for unrecognized tax benefits. In addition, the Company paid approximately $70 in tax and interest during fiscal year 2013 to finalize the state of Idaho tax audit for the tax years ended July 31, 2009 through 2011.