XML 35 R13.htm IDEA: XBRL DOCUMENT v2.4.0.6
INCOME TAXES
12 Months Ended
Oct. 31, 2011
INCOME TAXES
6. 
INCOME TAXES

In the fiscal years set forth below, the provision (benefit) for income taxes consisted of the following:
 
(in thousands)
 
Year Ended October 31
 
   
2011
   
2010
   
2009
 
                   
Current:
                 
U.S. taxes
  $ 3,272     $ (4,410 )   $ (5,512 )
Foreign taxes
    2,595       1,079       1,197  
      5,867       (3,331 )     (4,315 )
Deferred:
                       
U.S. taxes
    (1,452 )     189       2,954  
Foreign taxes
    80       27       (130 )
      (1,372 )     216       2,824  
    $ 4,495     $ (3,115 )   $ (1,491 )

A comparison of income tax expense at the U.S. statutory rate of 35% in 2011, 2010 and 2009, to the Company’s effective tax rate is as follows:

Income (Loss) before income taxes (in thousands):
 
Year Ended October 31
 
   
2011
   
2010
   
2009
 
Domestic
  $ 6,098     $ (12,504 )   $ (7,098 )
Foreign
    9,521       3,645       3,286  
Earnings (Loss) before taxes on income
  $ 15,619     $ (8,859 )   $ (3,812 )
Tax rates:                         
U.S. statutory rate
    35.0 %     35.0 %     35.0 %
Effect of tax rate of international jurisdictions different than U.S. statutory rates
    (4.9 )%     2.6 %     4.4 %
Valuation allowance
    (0.9 )%     (9.5 )%     (2.2 )%
State taxes
    0.9 %     3.3 %     4.7 %
Uncertain tax position statute expiration
          5.6 %     3.4 %
Other
    (1.3 )%     (1.8 )%     (6.2 )%
Effective tax rate
    28.8 %     35.2 %     39.1 %

We have not provided any U.S. income taxes on the undistributed earnings of our foreign subsidiaries or equity method investments based upon our determination that such earnings will be indefinitely reinvested.  Undistributed earnings of foreign investments and subsidiaries at October 31, 2011 are approximately $43.8 million. In the event these earnings are later distributed to the U.S., such distributions would likely result in additional U.S. tax that may be offset, at least in part by associated foreign tax credits.

Deferred income taxes are determined based on the difference between the amounts used for financial reporting purposes and tax basis of assets and liabilities using enacted tax rates in effect for the year in which the differences are expected to reverse.  Deferred taxes are adjusted for changes in tax rates and tax laws when changes are enacted.  Valuation allowances are recorded to reduce deferred tax assets when it is more likely than not that a tax benefit will not be realized.

As of October 31, 2011, we have deferred tax assets established for accumulated net operating loss carryforwards of $750,000, primarily related to state and foreign jurisdictions.  The Company has established a valuation allowance against some of these carryforwards due to the uncertainty of their full realization.  As of October 31, 2011 and 2010, the balance of this valuation allowance was $487,000 and $961,000, respectively.



Significant components of our deferred tax assets and liabilities at October 31, 2011 and 2010 were as follows (in thousands):

   
October 31
 
   
2011
   
2010
 
Deferred Tax Assets:
           
             
Net derivative instruments
  $ 448     $ 162  
Accrued inventory reserves
    761       801  
Accrued warranty expenses
    205       212  
Deferred compensation
    265       256  
Other accrued expenses
    879       756  
Net operating loss and credit carryforwards
    750       1,401  
Other
    196       267  
      3,504       3,855  
Less: Valuation allowance on net operating loss carryforwards
    (487 )     (961 )
Deferred tax assets
    3,017       2,894  
                 
 Deferred Tax Liabilities:
               
Property and equipment and capitalized software development costs
    (2,298 )     (2,762 )
Other
    (9 )      
                 
Net deferred tax assets
  $ 710     $ 132  

As of October 31, 2011, we had deferred tax assets relating to net operating losses and other carryforwards for international and U.S. income tax purposes of $750,000, of which $159,000 will expire within 5 years; $546,000 will expire between 5 and 20 years; and $45,000 will never expire.

A reconciliation of the beginning and ending amount of unrecognized tax benefits, excluding the related accrual for interest or penalties, is as follows (in thousands):
 
   
2011
   
2010
   
2009
 
Balance, beginning of year
  $ 178     $ 574     $ 613  
Additions based on tax positions related to the current year
    66       1       66  
Reductions due to statute expiration
          (397 )     (105 )
                         
Balance, end of year
  $ 244     $ 178     $ 574  

The entire balance of the unrecognized tax benefits and related interest at October 31, 2011, if recognized, would favorably affect the effective tax rate in future periods.

We recognize accrued interest and penalties related to unrecognized tax benefits as components of our income tax provision.  We believe there is substantial support for taking these tax benefits and therefore have estimated no tax penalties.  As of October 31, 2011, the gross amount of interest accrued, reported in other liabilities, was approximately $31,000, which did not include the federal tax benefit of interest deductions.



The statute of limitations with respect to unrecognized tax benefits will expire between July 2014 and July 2015.

Due to the uncertain and complex application of tax regulations, it is possible that the ultimate resolution of future audits may result in liabilities that could be different from this estimate.  In such case, we will record additional tax expense or tax benefit in the tax provision (benefit) or reclassify amounts on the consolidated balance sheets in the period in which such the matter is effectively settled with the taxing authority.

We file income tax returns in the U.S. federal jurisdiction and various states, local, and non-U.S. jurisdictions. The German taxing authority completed its examination of the fiscal years 2005 to 2008 of our German subsidiary in the second quarter of fiscal 2011 with no significant adjustments for the periods subject to their audit.  We were also notified by the U.S. taxing authority that they intend to audit the tax return for fiscal 2010.

We or one of our subsidiaries files U.S. federal and/or state income tax returns as well as tax returns in one or more foreign jurisdictions.  A summary of open tax years by major jurisdiction is presented below:

United States federal
Fiscal 2006 through the current period
Indiana
Fiscal 2007 through the current period
California
Fiscal 2007 through the current period
Germany¹
Fiscal 2008 through the current period
Taiwan
Fiscal 2006 through the current period

¹ Includes federal as well as state, provincial or similar local jurisdictions, as applicable.