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Income Taxes
12 Months Ended
Nov. 27, 2011
Income Taxes [Abstract]  
INCOME TAXES

NOTE 17:  INCOME TAXES

 

The Company's income tax expense was $67.7 million, $86.2 million and $39.2 million for the years 2011, 2010 and 2009, respectively. The decrease in income tax expense for 2011 as compared to 2010 was primarily caused by the decrease in income before income taxes, an increase in the proportion of the Company's 2011 earnings in foreign jurisdictions where the Company is subject to lower tax rates, as well as an unfavorable net impact of income tax charges recognized in 2010. In 2010, the Company recognized a $27.5 million tax charge for the valuation allowance to fully offset the amount of deferred tax assets in Japan and a $14.5 million tax charge for a reduction in deferred tax assets as a result of the enactment of the Patient Protection and Affordable Care Act (Health Care Act). These charges in 2010 were partially offset by a $34.2 million tax benefit arising from plans to repatriate the prior undistributed earnings of foreign subsidiaries.

 

The 2010 increase in income tax expense as compared to 2009 was primarily driven by the $42.0 million income tax charges recognized in 2010 relating to a valuation allowance in Japan and the enactment of the Health Care Act, as described above, as well as the increase in income before income taxes.

 

The U.S. and foreign components of income before income taxes were as follows:

 

   Year Ended 
   November 27, November 28, November 29, 
   2011 2010 2009 
   (Dollars in thousands) 
            
 Domestic$ 114,236 $ 165,489 $ 45,992 
 Foreign  88,591   70,109   143,933 
  Total income before income taxes$ 202,827 $ 235,598 $ 189,925 

 Income tax expense (benefit) consisted of the following: 
              
     Year Ended 
     November 27, November 28, November 29, 
     2011 2010 2009 
     (Dollars in thousands) 
  U.S. Federal         
   Current$ 19,992 $ 12,259 $ 17,949 
   Deferred  40,435   24,507   (11,866) 
       60,427   36,766   6,083 
  U.S. State         
   Current  (10)   2,854   5,361 
   Deferred  (617)   2,454   5,077 
       (627)   5,308   10,438 
  Foreign         
   Current  31,580   39,926   21,031 
   Deferred  (23,665)   4,152   1,661 
       7,915   44,078   22,692 
  Consolidated         
   Current  51,562   55,039   44,341 
   Deferred  16,153   31,113   (5,128) 
    Total income tax expense$ 67,715 $ 86,152 $ 39,213 

The Company's effective tax rate was 33.4%, 36.6% and 20.6% for 2011, 2010 and 2009, respectively. The Company's income tax expense differed from the amount computed by applying the U.S. federal statutory income tax rate of 35% to income before income taxes as follows:

 

             
  Year Ended
  November 27, November 28, November 29,
  2011 2010 2009
  (Dollars in thousands)
             
Income tax expense at U.S. federal statutory rate$ 70,99035.0% $ 82,45935.0% $ 66,47435.0%
State income taxes, net of U.S. federal impact  1,5350.8%   1,8940.8%   6,9763.7%
Change in Health Care Act legislation  - -   14,4816.2%   - -
Change in valuation allowance  (2,421)(1.2)%   28,27812.0%   4,0902.2%
Impact of foreign operations  (2,148)(1.1)%   (40,668)(17.3)%   (38,703)(20.4)%
Reassessment of tax liabilities due to change in estimate  (51) -   1620.1%   (917)(0.5)%
Other, including non-deductible expenses  (190)(0.1)%   (454)(0.2)%   1,2930.6%
 Total$ 67,71533.4% $ 86,15236.6% $ 39,21320.6%

Change in Health Care Act legislation. In 2010, the $14.5 million tax charge was caused by the reduction in the related deferred tax assets resulting from the enactment of the Health Care Act. The tax treatment of Medicare Part D subsidies changed during the second quarter of 2010 as a result of the Health Care Act. The Health Care Act includes a provision eliminating, beginning in the Company's tax year 2014, the tax deductibility of the costs of providing Medicare Part D-equivalent prescription drug benefits to retirees to the extent of the Federal subsidy received. Accordingly, the Company recorded a non-recurring, non-cash tax charge to recognize the reduction in the related deferred tax assets in the period the legislation was enacted.

 

Change in valuation allowance. This item relates to changes in the Company's expectations regarding its ability to realize certain deferred tax assets. In 2011, the $2.4 million net release was primarily driven by a valuation allowance reversal relating to state net operating loss carryforwards and foreign deferred tax assets in certain foreign jurisdictions.

 

The following table details the changes in valuation allowance during the year ended November 27, 2011:

 

   Valuation  Changes in    Valuation  
   Allowance at Related    Allowance at 
   November 28, Gross Deferred    November 27, 
   2010 Tax Asset Release 2011 
   (Dollars in thousands) 
               
 U.S. state net operating loss carryforwards$ 2,079 $ (835) $ (1,244) $ - 
 Foreign net operating loss carryforwards and            
  other foreign deferred tax assets  94,947   4,966   (1,177)   98,736 
   $ 97,026 $ 4,131 $ (2,421) $ 98,736 

In 2010, the $28.3 million charge primarily relates to the recognition of a valuation allowance to fully offset the net deferred tax assets in certain foreign jurisdictions, mostly pertaining to the Company's subsidiary in Japan. Due primarily to the recent negative financial performance of its subsidiary in Japan, the Company recorded a non-recurring, non-cash tax expense of $14.2 million during the second quarter of 2010 to recognize a valuation allowance to fully offset the amount of the subsidiary's deferred tax assets existing as of the beginning of the year, as the Company determined it is more likely than not these assets will not be realized. Additionally, the Company was not able to benefit current year losses in Japan during 2010, which further increased the valuation allowance by $13.3 million.

Impact of foreign operations.  The $2.1 million benefit in 2011 is primarily due to the taxation of foreign profits in jurisdictions with tax rates lower than the U.S. statutory rate of 35%, net of the additional U.S. income tax imposed upon distributions of foreign earnings in 2011.

 

The $40.7 million benefit in 2010 was primarily driven by a $34.2 million tax benefit arising from the Company's implementation of specific plans during the fourth quarter of 2010 to repatriate the prior undistributed earnings of certain foreign subsidiaries during 2011. As a result of the planned distribution, as of November 28, 2010, the Company recognized a deferred tax asset and a corresponding tax benefit of $34.2 million, for the foreign tax credits in excess of the associated U.S. federal income tax liability that are expected to become available upon the planned distribution. This distribution was completed during 2011.

The $38.7 million benefit in 2009 was primarily driven by a $33.2 million tax benefit arising from the Company's implementation of specific plans during the fourth quarter of 2009 to repatriate the prior undistributed earnings of certain foreign subsidiaries during 2010. As a result of the planned distribution, as of November 29, 2009, the Company recognized a deferred tax asset and a corresponding tax benefit of $33.2 million, for the foreign tax credits in excess of the associated U.S. federal income tax liability that were expected to become available upon the planned distribution. This distribution was completed during 2010.

 

 

Deferred Tax Assets and Liabilities
           
 The Company’s deferred tax assets and deferred tax liabilities were as follows: 
           
     November 27, November 28, 
     2011 2010 
      (Dollars in thousands) 
        
 Basis differences in foreign subsidiaries$ - $ 34,203 
 Foreign tax credit carryforwards  247,003   195,032 
 State net operating loss carryforwards  14,861   13,555 
 Foreign net operating loss carryforwards  126,365   100,796 
 Employee compensation and benefit plans  274,534   264,828 
 Prepaid royalties  -   44,050 
 Restructuring and special charges  18,703   12,755 
 Sales returns and allowances  35,429   34,656 
 Inventory  10,240   8,249 
 Property, plant and equipment  16,037   16,189 
 Unrealized gains/losses on investments  19,385   18,125 
 Other  48,884   51,533 
   Total gross deferred tax assets  811,441   793,971 
 Less: Valuation allowance  (98,736)   (97,026) 
    Total net deferred tax assets$ 712,705 $ 696,945 
           
 Current       
  Deferred tax assets$ 108,726 $ 148,698 
  Valuation allowance  (9,182)   (10,806) 
   Total current deferred tax assets $ 99,544 $ 137,892 
           
 Long-term      
  Deferred tax assets$ 702,715 $ 645,273 
  Valuation allowance  (89,554)   (86,220) 
   Total long-term deferred tax assets $ 613,161 $ 559,053 

Basis differences in foreign subsidiaries. The Company recognizes deferred taxes with respect to basis differences in its investments in foreign subsidiaries that are expected to reverse in the foreseeable future and which exist primarily due to undistributed foreign earnings. In 2011, no deferred tax asset is recognized for this item. In 2010, as further described above, the Company recognized a $34.2 million deferred tax asset relating to the planned repatriation of prior undistributed earnings of certain foreign subsidiaries which occurred during 2011.

 

Foreign tax credit carryforwards. As of November 27, 2011, the Company had a gross deferred tax asset for foreign tax credit carryforwards of $247.0 million. This asset increased from $195.0 million in the prior year period primarily due to foreign tax credits in excess of the associated U.S. federal income tax liability arising from the repatriation of foreign earnings, net of the amount of the anticipated utilization in the 2011 federal income tax return. The foreign tax credit carryforward of $247.0 million existing at November 27, 2011, is subject to expiration from 2012 to 2021, if not utilized.

 

State net operating loss carryforwards. As of November 27, 2011, the Company had a gross deferred tax asset of $14.9 million for state net operating loss carryforwards of approximately $299.4 million. These loss carryforwards are subject to expiration from 2012 to 2031, if not utilized.

 

Foreign net operating loss carryforwards. As of November 27, 2011, cumulative foreign operating losses of $422.9 million generated by the Company are available to reduce future taxable income. Approximately $239.8 million of these operating losses expire between the years 2012 and 2027. The remaining $183.1 million are available as indefinite carryforwards under applicable tax law. The gross deferred tax asset for the cumulative foreign operating losses of $126.4 million is partially offset by a valuation allowance of $89.6 million to reduce this gross asset to the amount that will more likely than not be realized.

 

Uncertain Income Tax Positions

 

As of November 27, 2011, the Company's total amount of unrecognized tax benefits was $143.4 million, of which $87.9 million would impact the Company's effective tax rate, if recognized. As of November 28, 2010, the Company's total gross amount of unrecognized tax benefits was $150.7 million, of which $87.2 million would impact the Company's effective tax rate, if recognized. The reduction in gross unrecognized tax benefits was primarily due to the change in recognition of the benefit associated with certain tax positions, primarily in foreign jurisdictions, as a result of the expiration of applicable statute of limitations.

 

 The following table reflects the changes to the Company’s unrecognized tax benefits for the year ended November 27,
2011, and November 28, 2010:  
    (Dollars in thousands) 
         
  Gross unrecognized tax benefits as of November 29, 2009 $ 160,538  
   Increases related to current year tax positions   5,305  
   Increases related to tax positions from prior years   1,115  
   Decreases related to tax positions from prior years   (3,465)  
   Settlement with tax authorities    (566)  
   Lapses of statutes of limitation   (11,093)  
   Other, including foreign currency translation   (1,132)  
  Gross unrecognized tax benefits as of November 28, 2010   150,702  
   Increases related to current year tax positions   4,309  
   Increases related to tax positions from prior years   307  
   Decreases related to tax positions from prior years   (2,357)  
   Settlement with tax authorities    (1,676)  
   Lapses of statutes of limitation   (6,226)  
   Other, including foreign currency translation   (1,662)  
  Gross unrecognized tax benefits as of November 27, 2011 $ 143,397  

The Company believes that it is reasonably possible that unrecognized tax benefits could decrease within the next twelve months by as much as $97.9 million, of which as much as $69.1 million would impact the Company's effective tax rate, due primarily to the potential resolution of a refund claim with the State of California. However, at this point it is not possible to estimate whether the Company will realize any significant income tax benefit upon the resolution of this claim.

 

As of November 27, 2011, and November 28, 2010, accrued interest and penalties primarily relating to non-U.S. jurisdictions were $16.5 million and $16.6 million, respectively.

 

The Company's income tax returns are subject to examination in the U.S. federal and state jurisdictions and numerous foreign jurisdictions. The IRS examination of the Company's 2003-2008 U.S. federal income tax returns was still in progress as of November 27, 2011. The following table summarizes the tax years that are either currently under audit or remain open and subject to examination by the tax authorities in the major jurisdictions in which the Company operates:

 JurisdictionOpen Tax Years 
 U.S. federal2003-2011 
 California1986- 2011 
 Belgium2008- 2011 
 United Kingdom2010- 2011 
 Spain2007- 2011 
 Mexico2005- 2011 
 Canada2004-2011 
 Hong Kong2005-2011 
 Italy2005-2011 
 France2008-2011 
 Turkey2007-2011