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Income Taxes
3 Months Ended
Dec. 26, 2015
Income Taxes  
Income Taxes

15.Income Taxes

 

The Company recognizes deferred tax assets and liabilities for the expected future tax benefits or consequences of temporary differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases.  Deferred tax assets and liabilities are measured using enacted tax rates in effect for the year in which those temporary differences are expected to be recovered or settled.

 

In addition, the Company’s income tax returns are periodically audited by domestic and foreign tax authorities.  These audits typically review our tax filing positions, the timing and amount of deductions taken, and the allocation of income between tax jurisdictions.  The Company evaluates exposures associated with its various tax filing positions and recognizes a tax benefit only where it is more likely than not that the tax position will be sustained upon examination by the relevant taxing authorities, including resolutions of any related appeals or litigation processes, based on the technical merits of our position.  For uncertain tax positions that do not meet this threshold, the Company records a related liability.

 

As of December 26, 2015, the Company has a state net operating loss carryforward of $11.5 million available to be utilized against future taxable income for years through fiscal 2029, subject to annual limitation pertaining to change in ownership rules under the Internal Revenue Code of 1986, as amended.  Based upon earnings history, the Company concluded it is more likely than not that the net operating loss carryforward will be utilized prior to its expiration.  Based upon earnings history and future plans, the Company concluded it is more likely than not that $29.8 million of foreign net operating loss carryforwards will not be utilized and a valuation allowance has been recognized.

 

As of December 26, 2015 and September 26, 2015, the total amount of unrecognized tax benefits was $32.7 million and $31.8 million, respectively.  The amount of unrecognized tax benefits at December 26, 2015 that would impact the effective tax rate if resolved in favor of the Company is $6.6 million.  As a result of prior acquisitions, the Company is indemnified for $5.0 million of the total reserve balance, with a total indemnification pool available up to $22.3 million.  If these unrecognized tax benefits are resolved in favor of the Company, the associated indemnification receivable, recorded in other long-term assets, would be reduced accordingly.  The indemnifications have expiration dates through December 2017.

 

As of December 26, 2015 and September 26, 2015, accrued interest and penalties of $4.4 million and $4.1 million, respectively, were included in the Unaudited Consolidated Balance Sheets.  The Company recognizes interest and penalties in income tax expense.  The Company released $0.1 million of unrecognized tax benefits in the current quarter of fiscal 2016.  In addition, the Company added $1.3 million of unrecognized tax benefit in the current quarter of fiscal 2016.

 

The Company is currently under audit by the Internal Revenue Service and Canada Revenue Agency for the 2012 and 2013 fiscal years and is generally not subject to examination with respect to returns filed for fiscal years prior to 2011.

 

The Company’s income tax expense, deferred tax assets and liabilities, and liabilities for unrecognized tax benefits reflect management’s best assessment of estimated current and future taxes to be paid.  Deferred tax asset valuation allowances and the Company’s liabilities for unrecognized tax benefits require significant management judgment regarding applicable statutes and their related interpretation, the status of various income tax audits, and the Company’s particular facts and circumstances. 

 

Although the Company believes that the judgments and estimates discussed herein are reasonable, actual results could differ, and the Company may be exposed to losses or gains that could be material.  To the extent the Company prevails in matters for which a liability has been established, or is required to pay amounts in excess of our established liability, the Company’s effective income tax rate in a given financial statement period could be materially affected.