Note 9 - Income Taxes

6 Months Ended

Nov. 27, 2022

Notes to Financial Statements

Income Tax Disclosure [Text Block]

9. INCOME TAXES

In the second quarter of fiscal 2023 and 2022, we recognized income tax expense of $122.5 million and $84.2 million, respectively. In the first half of fiscal 2023 and 2022, we recognized income tax expense of $136.9 and $153.9, respectively. The effective tax rate (calculated as the ratio of income tax expense to pre-tax income, inclusive of equity method investment earnings) was 24.3% and 23.4% for the second quarter of fiscal 2023 and 2022, respectively. The effective tax rate for the first half of fiscal 2023 and 2022 was 31.0% and 23.1%, respectively.

The effective tax rate in the second quarter of fiscal 2023 reflected additional tax expense from disallowed deductions related to incentive compensation plans resulting from an increased level of estimated achievement on performance targets and stock price, a tax benefit from statute lapses on state tax issues that were previously reserved, and a benefit from the adjustment of certain foreign taxes that were previously accrued.

The effective tax rate in the first half of fiscal 2023 reflected the above-cited items, as well as the impact of an impairment of goodwill that was largely non-deductible for tax purposes. During the first half of fiscal 2023, goodwill impairment charges totaling $141.7 million were recognized with an associated tax benefit of $2.7 million.

The effective tax rate for the second quarter of fiscal 2022 reflected additional tax expense associated with non-deductible goodwill related to assets previously held for sale for which an impairment charge was recognized, a tax benefit resulting from state law changes, and a benefit from statute lapses on state tax issues that were previously reserved.

The effective tax rate in the first half of fiscal 2022 reflected the above-cited items as well as a benefit of $3.6 million from the settlement of tax issues that were previously reserved.

The amount of gross unrecognized tax benefits for uncertain tax positions was $29.7 million as of November 27, 2022 and $62.9 million as of May 29, 2022. In the second quarter of fiscal 2023, we have adjusted our reserve with respect to certain elections made based on our current expected filing position. The impact of these elections did not impact our effective tax rate. The gross unrecognized tax benefits excluded related liabilities for gross interest and penalties of $6.8 million and $6.7 million as of  November 27, 2022 and May 29, 2022, respectively.

The net amount of unrecognized tax benefits at November 27, 2022 and May 29, 2022 that, if recognized, would favorably impact the Company's effective tax rate was $26.0 million and $58.0 million, respectively.

We estimate that it is reasonably possible that the amount of gross unrecognized tax benefits will decrease by up to $4.8 million over the next twelve months due to various state audit settlements and the expiration of statutes of limitations.

In the prior year, we made the assessment that the current earnings of certain foreign subsidiaries were not indefinitely reinvested or that we could not remit to the U.S. parent in a tax-neutral transaction. Accordingly, we have recorded a deferred tax liability of $6.4 million on approximately $128.6 million of earnings at November 27, 2022. The deferred tax liability relates to local withholding taxes that will be owed when this cash is distributed. The undistributed historic earnings in our foreign subsidiaries through May 30, 2021 are considered to be indefinitely reinvested or can be remitted in a tax-neutral transaction. Accordingly, we have not recorded a deferred tax liability related to these undistributed historic earnings.

On August 16, 2022, the Inflation Reduction Act of 2022 was signed into law. We are in the process of evaluating the impact of the recently enacted law, including whether we are subject to the corporate alternative minimum tax. However, we do not expect the impact to be material to our Condensed Consolidated Financial Statements.