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Income Taxes
9 Months Ended
Jul. 02, 2017
Income Taxes  
Income Taxes

 

9.                                     Income Taxes

 

The effective tax rates for the first nine months of fiscal 2017 and 2016 were 30.4% and 34.3%, respectively.  During the first nine months of fiscal 2017, we adopted accounting guidance which requires excess tax benefits and deficiencies on share-based payments to be recorded as an income tax benefit or expense, respectively, in the statement of income rather than being recorded in additional paid-in capital on the balance sheet.  As a result, we recognized income tax benefits of $2.1 million and $4.8 million in the third quarter and first nine months of fiscal 2017, respectively.  Also in the second quarter of fiscal 2017, the Internal Revenue Service (“IRS”) concluded their examination for fiscal years 2010 through 2013 and we recognized a related $1.2 million tax benefit in the second quarter of fiscal 2017.  Also, as a result of prior-year tax examinations we made payments to tax authorities totaling approximately $23 million in the third quarter of fiscal 2017.

 

In the second quarter of fiscal 2016, we incurred $13.3 million of acquisition and integration expenses and debt pre-payment fees for which no tax benefit was recognized.  Of this amount, $6.4 million resulted from acquisition expenses that were not tax deductible and $6.9 million resulted from integration expenses and debt pre-payment fees incurred in jurisdictions with current and historical net operating losses where the related deferred tax asset was fully reserved.  Additionally, during the first quarter of fiscal 2016, the U.S. Protecting Americans from Tax Hikes (“PATH”) Act of 2015 was signed into law.  This law permanently extended the federal research and development tax credits (“R&D Credits”) retroactively to January 1, 2015.  Our income tax expense for the first quarter of fiscal 2016 included an income tax benefit of $2.0 million attributable to the last nine months of fiscal 2015, primarily related to the retroactive recognition of the R&D Credits.  Excluding these items, the effective tax rate for the first nine months of fiscal 2016 was 32.7%.

 

We evaluate the realizability of our deferred tax assets by assessing the valuation allowance and adjust the allowance, if necessary.  The factors used to assess the likelihood of realization are our forecast of future taxable income and available tax planning strategies that could be implemented to realize the net deferred tax assets.  The ability or failure to achieve the forecasted taxable income in the applicable taxing jurisdictions could affect the ultimate realization of deferred tax assets.  Based on future operating results in certain jurisdictions, it is possible that the current valuation allowance positions of those jurisdictions could be adjusted in the next 12 months.

 

As of July 2, 2017 and October 2, 2016, the liability for income taxes associated with uncertain tax positions was $5.9 million and $13.3 million, respectively.  The net decrease in the liability during fiscal 2017 was primarily attributable to activity related to examinations conducted by various taxing authorities.

 

It is reasonably possible that the amount of the unrecognized benefit with respect to certain of our unrecognized tax positions may significantly decrease within the next 12 months.  These changes would be the result of ongoing examinations.