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Income Taxes
9 Months Ended
Jun. 26, 2015
Income Taxes

NOTE 7 – INCOME TAXES

The provision for income taxes for the third quarter of fiscal 2015 was recorded based upon the current estimate of the Company’s annual effective tax rate. Generally, the provision for income taxes is the result of a mix of profits and losses the Company and its subsidiaries earn in tax jurisdictions with a broad range of income tax rates. The tax expense of $129 and $100 for the three and nine months ended June 26, 2015, respectively, were generated by a mix of tax expense in foreign jurisdictions and state taxes. The tax provisions of $115 and $266 for the three and nine months ended June 27, 2014, respectively were generated by a mix of tax expense in foreign jurisdictions and state taxes.

For the three months ended June 26, 2015 the negative effective tax rate of 78.7% differs from the federal statutory rate due to the generation of losses in jurisdictions which have valuation allowances recorded against these tax losses. For the nine months ended June 26, 2015 the effective tax rate of 2.2% differs from the federal statutory rate due to the generation of income in jurisdictions utilizing NOL’s which previously had valuation allowances recorded against them and the recognition of foreign uncertain taxes due to the expiration of the statute of limitations, partially offset by foreign and state taxes.

Each quarter the Company assesses and evaluates a number of factors in determining whether the weight of available evidence supports the recognition of some or all of the deferred tax assets. The Company establishes a valuation allowance for deferred tax assets when it is more likely than not that such deferred tax assets will not be realized. In fiscal 2007 the Company determined that a valuation allowance should be recorded against all of its U.S. deferred tax assets, and in the third quarter of fiscal 2012 the Company recorded a valuation allowance against its Finnish deferred tax assets due to its cumulative three year operating loss in Finland. As of June 26, 2015 the Company continued to place a valuation allowance against its U.S. and Finnish deferred tax assets. While a valuation allowance was still in place for financial statement purposes as of June 26, 2015, the valuation allowance does not limit the Company’s ability to utilize the loss-carryforwards or other deferred tax assets on future tax returns.

During the first quarter of fiscal 2015 the Company adopted ASU 2013-11. The Company presents an unrecognized tax benefit as a reduction to a deferred tax asset for a net operating loss carryforward. The adoption of ASU 2013-11 had no impact on the Company’s Consolidated Statements of Income. The adoption of ASU 2013-11 impacted the Consolidated Balance Sheet presentation of unrecognized tax benefits at June 26, 2015 by reducing other current assets and other assets by $117 and $457 respectively, and by reducing other long-term liabilities by $574.

During the three months ended June 26, 2015 there was no change to the amount of uncertain tax positions. During the nine months ended June 26, 2015 there was a $201 reduction to the amount of uncertain tax positions, which was included as a benefit to the tax provision, as a result of the expiration of the statute of limitations in foreign jurisdictions. The Company is subject to taxation primarily in the United States, Finland, and France, as well as in certain states (including Oregon and California) and other foreign jurisdictions. The Company’s larger jurisdictions generally provide for statutes of limitations from three to five years. The Company has effectively settled with the Internal Revenue Service on their examination of all United States federal income tax matters through fiscal year 2008. The Company has also settled examinations of both its Finnish tax returns for all tax years through 2007, as well as its French tax returns through fiscal year 2010.