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INCOME TAXES
9 Months Ended
Nov. 03, 2013
INCOME TAXES  
INCOME TAXES

NOTE 8 — INCOME TAXES

 

As of November 3, 2013, the Company’s combined federal, state and foreign effective tax rate for continuing operations for fiscal 2013 is a 43.4% provision, reflecting the impact of increasing the U.S. valuation allowance, increasing the deferred tax liability for U.S. goodwill amortization for tax purposes, and the accrual of income taxes for foreign and certain state jurisdictions.  The Company’s effective tax rate will vary based on a variety of factors, including overall profitability, the geographical mix of income before taxes and the related tax rates in the jurisdictions where it operates, restructuring and other charges, as well as discrete events, such as acquisitions and settlements of audits.  The Company is subject to audits and examinations of its tax returns by tax authorities in various jurisdictions, including the Internal Revenue Service (the “IRS”).  Management regularly assesses the likelihood of adverse outcomes resulting from these examinations to determine the adequacy of provisions for income taxes.

 

With regard to the increase in the valuation allowance and the impact the valuation allowance had on income tax expense, the valuation allowance was directly impacted by the increasing of the deferred tax liability for U.S. goodwill amortization for tax purposes.  The deferred tax liability related to the Company’s U.S. tax deductible goodwill is considered a liability related to an asset with an indefinite life. Therefore, the deferred tax liability does not amortize and is not available as a source of taxable income to support the realization of deferred tax assets created by other deductible temporary timing differences.  The Company does not believe it is “more likely than not” it will realize its U.S. deferred tax assets equal to the deferred liability created by tax deductible goodwill and therefore, the Company was required to record an additional tax expense to increase its deferred tax asset valuation allowance.  During the three months ended November 3, 2013, the impact of the tax amortization of the indefinite lived intangibles decreased income tax expense by $11 million. During the nine months ended November 3, 2013, the impact of the tax amortization of the indefinite lived intangibles increased income tax expense by $35 million.

 

As of February 3, 2013, the Company’s unrecognized tax benefits in accordance with the income taxes principles of GAAP (ASC 740, Income Taxes) were $193 million.  During the nine months ended November 3, 2013, the balance for unrecognized tax benefits decreased $1 million as result of state audit settlements for tax positions in a prior period.  As of November 3, 2013, the Company’s unrecognized tax benefits were $192 million.  During the three and nine months ended November 3, 2013, the gross accrual for interest related to unrecognized tax benefits increased $1 million and $6 million, respectively, as a result of interest accruals on tax positions in a prior period.  The Company’s ending net accrual for interest related to unrecognized tax benefits as of February 3, 2013 was $22 million and increased to $25 million as of November 3, 2013.

 

During fiscal year 2010, the Company determined that it did not meet the “more likely than not” standard that substantially all of its net U.S. deferred tax assets would be realized and therefore, the Company established a valuation allowance for its net U.S. deferred tax assets.  With regard to the U.S., the Company continues to believe that a full valuation allowance is needed against the majority of its net deferred tax assets.  As of November 3, 2013, the Company’s U.S. valuation allowance was $1,000 million and the Company expects to continue to add to its gross deferred tax assets for anticipated net operating losses.

 

See Note 11, Commitments and Contingencies, for discussion of the IRS audit of the Company’s U.S. federal income tax returns.