NOTES TO CONSOLIDATED FINANCIAL STATEMENTS  


14. INCOME TAXES

Income from continuing operations before income taxes included income from foreign operations of $8.0 million in fiscal 2002 and losses from foreign operations of $0.7 million in fiscal 2003 and $0.4 million in fiscal 2004. The provision for income taxes from continuing operations consisted of the following:

  FISCAL
(In thousands) 2002 2003 2004
Current:
Federal
    $ 29,970           $ 92,249           $ 116,589      
State   7,917     5,721     (31,420 )
Foreign   3,752     2,371     -  
    41,639     100,341     85,169  
Deferred:
Federal
  (21,617 )   33,107     43,720  
State   (3,088 )   (3,812 )   4,779  
Foreign   -     -     2,202  
    (24,705 )   29,295     50,701  
Total provision for income taxes from continuing operations $ 16,934   $ 129,636   $ 135,870  

Differences between income taxes calculated using the federal statutory income tax rate of 35% and the provision for income taxes from continuing operations were as follows:

  FISCAL
(In thousands) 2002 2003 2004
Income from continuing operations before income taxes     $ 70,549           $ 392,838           $ 452,900      
Statutory federal income tax $ 24,692   $ 137,493   $ 158,515  
State income tax, net of federal benefit   4,829     1,909     9,053  
Federal research and experimental credits   (4,000 )   (6,262 )   (7,587 )
Non-deductible merger related charges   16,759     2,726     6,532  
Tax exempt interest   (8,710 )   (4,271 )   (3,950 )
Tax benefit related to divestiture   (25,770 )   (2,228 )   -  
Deferred tax adjustments   -     -     7,491  
Reversal of reserves   -     -     (35,694 )
Other, net   9,134     269     1,510  
Total $ 16,934   $ 129,636   $ 135,870  

Tax savings from deductions associated with our various stock option plans are not reflected in the current federal and state provisions. Savings were approximately $53.2 million in fiscal 2002, $47.8 million in fiscal 2003 and $27.1 million in fiscal 2004. These amounts were credited to stockholders' equity and reduced taxes payable.

Significant deferred tax assets and liabilities were as follows at the dates indicated.

  JULY 31,
(In thousands) 2003 2004
Deferred tax assets:
    Accruals and reserves not currently deductible
    $ 45,860           $ 35,407      
    NOL and tax credits carryforward   29,703     22,441  
    Unrealized loss on marketable securities   17,714     15,710  
    Merger charges   120,082     107,133  
    Fixed asset adjustments   10,826     -  
    Other, net   1,173     -  
        Total deferred tax assets   225,358     180,691  
Deferred tax liabilities:
    Fixed asset adjustments
  -     3,222  
    Other, net   -     2,812  
        Total deferred tax liabilities   -     6,034  
Total net deferred tax assets   225,358     174,657  
    Valuation reserve   (7,473 )   (7,473 )
Total net deferred tax assets, net of valuation reserve $ 217,885   $ 167,184  

We have provided a valuation reserve related to the benefits of certain losses in our foreign subsidiaries and certain state capital loss carryforwards that we believe are unlikely to be realized. The valuation allowance decreased by $4.7 million in fiscal 2002 and increased by $0.7 million in fiscal 2003.

The components of total net deferred tax assets, net of valuation reserve, as shown on our balance sheet were as follows at the dates indicated:

  JULY 31,
(In thousands) 2003 2004
Current deferred income taxes     $ 34,824           $ 31,473      
Long-term deferred income taxes   183,061     135,711  
  $ 217,885   $ 167,184  

At July 31, 2004, we had U.S. federal net operating loss carryforwards of approximately $1.5 million and foreign net operating loss carryforwards of approximately $4.0 million. These net operating losses will expire at various dates beginning in fiscal 2020 if not utilized. At July 31, 2004, we also had various state tax credit carryforwards totaling approximately $14.8 million. The state credit carryforwards have no expiration date. Utilization of the net operating loss and credit carryforwards may be subject to substantial annual limitation due to ownership change limitations provided by the Internal Revenue Code of 1986, as amended. The annual limitation may result in the expiration of net operating losses before utilization.