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Income Taxes
3 Months Ended
Dec. 29, 2012
Income Taxes

(13) Income Taxes

In accordance with ASC 740, Income Taxes, each interim period is considered integral to the annual period and tax expense is measured using an estimated annual effective tax rate. An entity is required to record income tax expense each quarter based on its best estimate of the annual effective tax rate for the full fiscal year and use that rate to provide for income taxes on a current year-to-date basis, as adjusted for discrete taxable events that occur during the interim period. If an entity has a year-to-date loss in an interim period and anticipates a loss for the full fiscal year; the entity should apply the estimated annual effective tax rate to record the interim tax provision applicable to the loss. If, however, the entity is unable to reliably estimate its annual effective tax rate, then the actual effective tax rate for the year-to-date may be the best annual effective tax rate estimate. For the three months ended December 29, 2012, the Company determined that it was unable to make a reliable annual effective tax rate estimate due to the rate sensitivity as it relates to its forecasted fiscal 2013 results. Therefore, the Company recorded a tax benefit for the three months ended December 29, 2012 based on the effective rate for the three months ended December 29, 2012.

The Company’s effective tax rate for the three months ended December 29, 2012 was 142.4% compared to 47.8% for the three months ended December 24, 2011. For the three months ended December 29, 2012, the tax rate benefit was primarily due to a $19.4 million valuation allowance release related to built-in capital losses, that the Company has concluded are more likely than not realizable as a result of the $53.9 million gain recorded on the Makena sale (see Note 7), partially offset by non-deductible contingent consideration compensation expense related to TCT and Interlace. For the three months ended December 24, 2011, the effective tax rate was higher than the statutory rate primarily due to non-deductible contingent compensation expense related to TCT and contingent consideration fair value adjustments for Interlace and Sentinelle Medical. The Company also established a $2.8 million valuation allowance against Canadian tax credits due to uncertainties surrounding its ability to continue to generate future taxable income to fully utilize these tax assets.

On January 2, 2013, the American Taxpayer Relief Act of 2012 was enacted which retroactively reinstated and extended the Federal Research tax credit from January 1, 2012 to December 31, 2013. As a result, the Company expects its income tax provision for the second quarter of fiscal 2013 will include a discrete tax benefit that will impact the second quarter’s income tax provision for the previously expired period from January 1, 2012 to December 31, 2012.

As of December 29, 2012, the Company has recorded $1.69 billion of net deferred tax liabilities compared to $1.76 billion at September 29, 2012. The Company’s deferred tax assets are periodically evaluated to determine their recoverability.

The Company has $56.7 million of gross unrecognized tax benefits, including interest, as of December 29, 2012. This represents the unrecognized tax that, if recognized, would reduce the Company’s effective tax rate. The Company’s policy is to recognize accrued interest and penalties related to unrecognized tax benefits and income tax liabilities within income tax expense. As of December 29, 2012, accrued interest, net of tax benefit, was $1.9 million and no penalties have been accrued.