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Note 11 - Commitments and Contingencies
9 Months Ended
Oct. 03, 2021
Notes to Financial Statements  
Commitments Disclosure [Text Block]

Note 11 — Commitments and Contingencies

 

Commitments

 

The Company's manufacturing suppliers require the forecast of wafer starts several months in advance. The Company is required to take delivery of and pay for a portion of this forecasted wafer volume. As of October 3, 2021, and January 3, 2021, the Company had $632,000 and $60,000, respectively, of outstanding commitments for the purchase of wafer and finished goods inventory.

 

The Company has purchase obligations with certain suppliers for the purchase of other goods and services entered into in the ordinary course of business. As of October 3, 2021, total outstanding purchase obligations for other goods and services were $1.0 million due within the next twelve months.

 

Litigation

 

From time to time, the Company may become involved in legal actions arising in the ordinary course of business including, but not limited to, intellectual property infringement and collection matters. Absolute assurance cannot be given that any such third party assertions will be resolved without costly litigation; in a manner that is not adverse to the Company’s financial position, results of operations or cash flows; or without requiring royalty or other payments which may adversely impact gross profit. As of October 3, 2021, the Company was not involved in any litigation.

 

India Transfer Pricing Notice

 

On January 27, 2021, the Company received an order from the Income Tax Department of the Ministry of Finance in India (the "DRP, or "the Department") disputing the transfer pricing rate the Company used for Assessment Years 2017-18, the result of which may affect later years. It is the intention of the Company to appeal such order as the rate requested by the government of India is not representative of the results of operations of the company, as well as other factors. In addition, on April 30, 2021, the Company filed an appeal with the DRP, citing various issues with the Department's calculations and choice of comparable entities used to arrive at its initial assessment. A hearing before the DRP was held on October 7, 2021, subsequent to the end of the Company's third quarter of fiscal 2021. Based on the facts presented, the Panel is expected to adjudicate the case.  The due date for closure of these appeals is December 31, 2021 and it is expected that the Panel will pass its orders before this date. The Company is in the process of evaluating the effect such order may have on its foreign tax provision. Such effect, if any, would be to the tax provision and amounts owed under taxes to foreign jurisdictions only.