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INCOME TAXES
9 Months Ended
Oct. 02, 2015
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
In the third quarter of fiscal 2015, the Company’s effective income tax rate, after discrete items, was 15% as compared to -66%, a tax benefit, in the corresponding period in fiscal 2014. The difference year over year was primarily due to a discrete tax benefit associated with a $51.3 million litigation reserve for RDS that was reserved during the third quarter based on a jury verdict in favor of the plaintiff, RDS and then reversed during the fourth quarter after the judge overturned the verdict. In the first three quarters of fiscal 2015, the Company's effective income tax rate, after discrete items, was 22% as compared to 19% in the corresponding period in fiscal 2014. The difference was primarily due to the discrete tax benefit associated with the litigation reserve described above in the third quarter of fiscal 2014, partially offset by a tax charge on a partial equity sale of VSS in the first quarter of fiscal 2014.
Historically, the Company's effective tax rate has been lower than the U.S. federal statutory rate of 35% primarily due to favorable tax rates associated with certain earnings from operations in lower-tax jurisdictions. The Company has not provided U.S. taxes for all of such earnings due to the indefinite reinvestment of some of those earnings outside the U.S.
The Company and its subsidiaries are subject to U.S. federal and state, and foreign income tax. The Company is currently in different stages of multiple year examinations by the Internal Revenue Service (IRS) as well as various state and foreign taxing authorities.
In the first quarter of fiscal 2015, the Company received a Notice of Proposed Adjustment from the IRS for the fiscal years ended 2010 and 2011. The proposed adjustments primarily relate to the valuations of intercompany transfers of acquired intellectual property. The assessments of tax, interest and penalties for the years in question total $67.0 million. The Company does not agree with the IRS position and has filed a protest with the IRS Appeals Office in April 2015. No payments have been made on the assessment. The Company intends to vigorously contest the IRS position.
Based on the information currently available, the Company does not anticipate a significant increase or decrease to its unrecognized tax benefits within the next twelve months. The unrecognized tax benefits of $45.8 million and $45.6 million as of the end of the third quarter of fiscal 2015 and fiscal year end 2014, respectively, if recognized, would favorably affect the effective income tax rate in future periods. Unrecognized tax benefits are recorded in Other non-current liabilities and in the deferred tax accounts in the accompanying Condensed Consolidated Balance Sheets.
The Company's practice is to recognize interest and/or penalties related to income tax matters in income tax expense. The Company's unrecognized tax benefit liabilities include interest and penalties as of the end of the third quarter of fiscal 2015 and fiscal year end 2014, of $5.4 million and $4.7 million, respectively, which were recorded in Other non-current liabilities in the accompanying Condensed Consolidated Balance Sheets.