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Income Taxes
6 Months Ended
Aug. 24, 2012
Income Taxes

Note 15 – Income Taxes

The Corporation’s provision for income taxes in interim periods is computed by applying its estimated annual effective tax rate against (loss) income before income tax (benefit) expense for the period. In addition, non-recurring or discrete items are recorded during the period in which they occur. The magnitude of the impact that discrete items have on the Corporation’s quarterly effective tax rate is dependent on the level of income in the period. The effective tax rate was 29.9% and 31.1% for the three and six months ended August 24, 2012, respectively, and 42.0% and 37.9% for the three and six months ended August 26, 2011, respectively. The lower than statutory rate for the current period was due primarily to the release of reserves upon lapse of the applicable statutes. The higher than statutory rate in the prior period is due to an increase in estimated accruals and settlements associated with anticipated settlements related to open years which were under examination by the Internal Revenue Service.

At August 24, 2012, the Corporation had unrecognized tax benefits of $27.4 million that, if recognized, would have a favorable effect on the Corporation’s income tax expense of $17.2 million. During 2013, the Corporation’s unrecognized tax benefits decreased approximately $1 million due to the release of reserves upon lapse of the applicable statutes and approximately $1 million due to payments to various U.S. state and local jurisdictions to settle certain open years which were under examination. It is reasonably possible that the Corporation’s unrecognized tax positions as of August 24, 2012 could decrease approximately $9 million during the next twelve months due to anticipated settlements and resulting cash payments related to open years after 1996, which are currently under examination.

The Corporation recognizes interest and penalties accrued on unrecognized tax benefits and refundable income taxes as a component of income tax expense. During the six months ended August 24, 2012, the Corporation recognized net expense of $1.0 million for interest and penalties on unrecognized tax benefits and refundable income taxes. As of August 24, 2012, the total amount of gross accrued interest and penalties related to unrecognized tax benefits less refundable income taxes was a net payable of $8.9 million.

The Corporation is subject to examination by the Internal Revenue Service for tax years 2006 to the present and various U.S. state and local jurisdictions for tax years 1996 to the present. The Corporation is also subject to tax examination in various international tax jurisdictions, including Canada, the United Kingdom, Australia, Italy, Mexico and New Zealand for tax years 2006 to the present.