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Income Taxes
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6 Months Ended |
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Jul. 02, 2011
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| Income Taxes [Abstract] | |
| Income Taxes |
Note 13 – Income Taxes
The Company recognized an income tax provision of $17.6 million and $30.8 million for the three months and six months ended July 2, 2011. In addition, the three month and six month tax provision includes a benefit of $1.8 million and $2.1 million, respectively, related primarily to the reassessment of tax reserves. Due to the Company's recent cumulative losses for book purposes and the uncertainty of the realization of certain deferred tax assets, the Company continues to adjust its valuation allowances as the deferred tax assets increase or decrease, resulting in effectively no recorded tax benefit for those jurisdictions with operating losses, or no tax expense for those jurisdictions with operating income and loss carryforwards. However, an income tax provision or benefit is still required for those entities that are not in cumulative loss positions. The effective tax rate, which is calculated as the income tax provision as a percentage of pretax income, for the three months and six months ended July 2, 2011, was 20.3 percent and 24.1 percent, respectively.
The Company recognized an income tax provision of $15.2 million and $15.5 million for the three months and six months ended July 3, 2010, respectively, which primarily related to foreign and domestic jurisdictions where the Company was not in a cumulative loss position. In addition, the three month and six month tax provision included a charge of $1.3 million and a benefit of $0.8 million, respectively, related to the reassessment of tax reserves. For the three months and six months ended July 3, 2010, the Company determined that the use of a discrete, or actual, method of computing the Company's income tax provision was more appropriate than the annual effective tax rate method historically used by the Company, which would not be reliable due to its sensitivity to minimal changes in forecasted annual pretax earnings. Under the discrete method, the Company determined income tax expense based upon actual results as if the interim period were an annual period. The effective tax rate for the three months and six months ended July 3, 2010, was 52.6 percent and 95.7 percent, respectively.
As of July 2, 2011 and December 31, 2010, the Company had $31.5 million and $36.9 million of gross unrecognized tax benefits, including interest, respectively. The Company believes it is reasonably possible that the total amount of gross unrecognized tax benefits, as of July 2, 2011, could decrease by approximately $10.6 million in the next 12 months due to settlements with taxing authorities or lapses in the statute of limitations. Due to the various jurisdictions in which the Company files tax returns and the uncertainty regarding the timing of the settlement of tax audits, it is possible that there could be other significant changes in the amount of unrecognized tax benefits in 2011, but the amount cannot be estimated.
The Company recognizes interest and penalties related to unrecognized tax benefits in income tax expense. As of July 2, 2011 and December 31, 2010, the Company had approximately $3.9 million and $4.9 million accrued for the payment of interest, respectively. There were no amounts accrued for penalties at July 2, 2011 or December 31, 2010.
The Company is regularly audited by federal, state and foreign tax authorities. The Company's taxable years 2006 through 2009 are currently open for examination by the Internal Revenue Service (IRS). The IRS has completed its field examination and has issued its Revenue Agent's Report for 2006 through 2009, and all open issues have been resolved. Primarily as a result of filing amended tax returns, which were generated by the closing of federal income tax audits, the Company is still open to state and local tax audits in major tax jurisdictions dating back to the 2004 taxable year. With the exception of Germany, where the Company was recently audited for taxable years 1998 through 2007, the Company is no longer subject to income tax examinations by any other major foreign tax jurisdiction for years prior to 2005. The Company's German subsidiary is awaiting the German Tax Auditor's report for the years 1998 through 2001.
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