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Income Taxes
12 Months Ended
Nov. 29, 2015
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
The Company's income tax expense was $100.5 million, $49.6 million and $94.5 million for the years 2015, 2014 and 2013, respectively. The Company's effective income tax rate was 32.4%, 32.2%, and 29.3% for 2015, 2014 and 2013, respectively.
The increase in income tax expense in 2015 as compared to 2014 is primarily due to an increase in income before income taxes. The effective tax rate increased in 2015 as compared to 2014 primarily due to a one-time, incremental annual tax benefit associated with multi-year California Enterprise Zone credits recognized in 2014, partially offset by a $8.0 million discrete tax benefit recognized in 2015 attributable to the deductions for losses on the investments in a consolidated subsidiary.
The decrease in income tax expense in 2014 as compared to 2013 is primarily due to a decrease in income before income taxes. The effective tax rate increased in 2014 as compared to 2013 primarily due to a $15.2 million discrete tax benefit recognized in 2013, attributable to the finalization in July 2013 of the U.S. federal tax audit of tax years 2003 – 2008, and an unfavorable impact in the mix of foreign earnings, partially offset by a $3.7 million tax benefit that was recorded during the year ended November 30, 2014, as a result of reversing a deferred tax liability associated with undistributed foreign earnings.
The Company's income tax expense differed from the amount computed by applying the U.S. federal statutory income tax rate of 35% to income before income taxes as follows:
 
Year Ended
 
November 29, 2015
 
November 30, 2014
 
November 24, 2013
 
(Dollars in thousands)
Income tax expense at U.S. federal statutory rate
$
108,639

35.0
 %
 
$
53,849

35.0
 %
 
$
112,914

35.0
 %
State income taxes, net of U.S. federal impact
8,938

2.9
 %
 
7


 
3,994

1.2
 %
Change in valuation allowance


 


 
5,169

1.6
 %
Impact of foreign operations
(7,286
)
(2.3
)%
 
(5,296
)
(3.4
)%
 
(17,160
)
(5.3
)%
Reassessment of tax liabilities
(7,577
)
(2.4
)%
 
(3,466
)
(2.3
)%
 
(15,215
)
(4.7
)%
Deduction for investment in subsidiary
(8,060
)
(2.6
)%
 


 


Write-off of deferred tax assets
1,718

0.6
 %
 
4,899

3.2
 %
 
4,289

1.3
 %
Other, including non-deductible expenses
4,135

1.2
 %
 
(448
)
(0.3
)%
 
486

0.2
 %
Total
$
100,507

32.4
 %
 
$
49,545

32.2
 %
 
$
94,477

29.3
 %

Impact of foreign operations. The reduction of tax rate benefit in 2015 as compared to 2014 is primarily due to an unfavorable change in the mix of earnings in jurisdictions with lower effective tax rate as compared to 2014.
Reassessment of tax liabilities. In 2015, the tax benefit is primarily attributable to remeasurement of a tax position and the lapse of statues of limitations in various jurisdictions. In 2014, the $3.5 million tax benefit primarily related to the lapse of statutes of limitations in various jurisdictions.
The U.S. and foreign components of income before income taxes were as follows:
 
 
Year Ended
 
 
 
November 29, 2015
 
November 30, 2014
 
November 24, 2013
 
 
 
(Dollars in thousands)
 
 
Domestic
$
194,540

 
$
31,733

 
$
86,167

 
 
Foreign
115,858

 
122,121

 
236,446

 
 
Total income before income taxes
$
310,398

 
$
153,854

 
$
322,613

 

Income tax expense (benefit) consisted of the following:
 
 
Year Ended
 
 
 
November 29, 2015
 
November 30, 2014
 
November 24, 2013
 
 
 
(Dollars in thousands)
 
 
U.S. Federal
 
 
 
 
 
 
 
Current
$
3,299

 
$
15,470

 
$
11,294

 
 
Deferred
56,155

 
(1,983
)
 
20,597

 
 
 
$
59,454

 
$
13,487

 
$
31,891

 
 
U.S. State
 
 
 
 
 
 
 
Current
$
1,334

 
$
4,096

 
$
3,732

 
 
Deferred
7,604

 
(4,089
)
 
3,607

 
 
 
$
8,938

 
$
7

 
$
7,339

 
 
Foreign
 
 
 
 
 
 
 
Current
$
37,488

 
$
58,156

 
$
41,931

 
 
Deferred
(5,373
)
 
(22,105
)
 
13,316

 
 
 
$
32,115

 
$
36,051

 
$
55,247

 
 
Consolidated
 
 
 
 
 
 
 
Current
$
42,121

 
$
77,722

 
$
56,957

 
 
Deferred
58,386

 
(28,177
)
 
37,520

 
 
Total income tax expense
$
100,507

 
$
49,545

 
$
94,477

 


Deferred Tax Assets and Liabilities
The Company's deferred tax assets and deferred tax liabilities were as follows:
 
 
November 29, 2015
 
November 30, 2014
 
 
 
(Dollars in thousands)
 
 
Deferred tax assets
 
 
 
 
 
Foreign tax credit carryforwards
$
116,862

 
$
120,793

 
 
State net operating loss carryforwards
12,412

 
13,014

 
 
Foreign net operating loss carryforwards
91,235

 
87,062

 
 
Employee compensation and benefit plans
255,458

 
272,970

 
 
Advance royalties
69,881

 
99,649

 
 
Restructuring and related charges
31,915

 
49,654

 
 
Sales returns and allowances
26,461

 
33,078

 
 
Inventory
17,196

 
14,533

 
 
Property, plant and equipment
16,459

 
14,966

 
 
Other
17,528

 
45,155

 
 
Total gross deferred tax assets
655,407

 
750,874

 
 
Less: Valuation allowance
(75,753
)
 
(89,814
)
 
 
Deferred tax assets, net of valuation allowance
579,654

 
661,060

 
 
Deferred tax liabilities
 
 
 
 
 
Unrealized gains or losses on investments
(344
)
 
(196
)
 
 
Total net deferred tax assets
$
579,310

 
$
660,864

 
 
 
 
 
 
 
 
Net deferred tax assets
$
655,063

 
$
750,678

 
 
Valuation allowance
(75,753
)
 
(89,814
)
 
 
Total net deferred tax assets
$
579,310

 
$
660,864

 

Foreign tax credit carryforwards. The foreign tax credit carryforwards at November 29, 2015, are subject to expiration through 2021 if not utilized.
Foreign net operating loss carryforwards. As of November 29, 2015, the Company had a deferred tax asset of $91.2 million for foreign net operating loss carryforwards of $316.3 million. Approximately $166.3 million of these operating losses are subject to expiration through 2024 if not utilized, including $4.3 million in 2016. The remaining $150.0 million are available as indefinite carryforwards under applicable tax law.
Valuation Allowance. The following table details the changes in valuation allowance during the year ended November 29, 2015:
 
 
Valuation Allowance at November 30, 2014
 
Changes in Related Gross Deferred Tax Asset
 
Charge
 
Valuation Allowance at November 29, 2015
 
(Dollars in thousands)
U.S. state net operating loss carryforwards
 
$
3,500

 
$

 
$

 
$
3,500

Foreign net operating loss carryforwards and other foreign deferred tax assets
 
86,314

 
(14,061
)
 

 
72,253

 
 
$
89,814

 
$
(14,061
)
 
$

 
$
75,753


At November 29, 2015, the Company's valuation allowance primarily related to its gross deferred tax assets for state and foreign net operating loss carryforwards, which reduced such assets to the amount that will more likely than not be realized.
Unremitted earnings of certain foreign subsidiaries. For the year ended November 29, 2015, management asserted indefinite reinvestment on $100.0 million of undistributed foreign earnings, as management determined that this amount is required to meet ongoing working capital needs in certain foreign subsidiaries; no U.S. income taxes have been provided for such earnings. If the Company were to repatriate such foreign earnings to the United States, the deferred tax liability associated with such earnings would have been approximately $26.5 million.
Uncertain Income Tax Positions
As of November 29, 2015, the Company’s total gross amount of unrecognized tax benefits was $32.7 million, of which $20.6 million could impact the effective tax rate, if recognized, as compared to November 30, 2014, when the Company’s total gross amount of unrecognized tax benefits was $41.6 million, of which $21.9 million could have impacted the effective tax rate, if recognized.
The following table reflects the changes to the Company's unrecognized tax benefits for the year ended November 29, 2015, and November 30, 2014:
 
 
 
November 29,
2015
 
November 30,
2014
 
 
 
 
(Dollars in thousands)
 
 
 
 
 
 
 
 
 
Unrecognized tax benefits beginning balance
 
$
41,571

 
$
37,836

 
 
Increases related to current year tax positions
 
3,687

 
3,863

 
 
Increases related to tax positions from prior years
 

 
4,858

 
 
Decreases related to tax positions from prior years
 
(4,723
)
 

 
 
Settlement with tax authorities
 

 

 
 
Lapses of statutes of limitation
 
(7,576
)
 
(4,715
)
 
 
Other, including foreign currency translation
 
(255
)
 
(271
)
 
 
Unrecognized tax benefits ending balance
 
$
32,704

 
$
41,571

 
The Company believes that it is reasonably possible that unrecognized tax benefits could decrease within the next twelve months by as much as $2.0 million due to the lapse of statutes of limitations in various jurisdictions.
As of November 29, 2015, and November 30, 2014, accrued interest and penalties primarily relating to non-U.S. jurisdictions were $6.7 million and $9.6 million, respectively.
The Company's income tax returns are subject to examination in the U.S. federal and state jurisdictions and numerous foreign jurisdictions. The following table summarizes the tax years that are either currently under audit or remain open and subject to examination by the tax authorities in the major jurisdictions in which the Company operates:
 
Jurisdiction
Open Tax Years
 
 
U.S. federal
2009 – 2015
 
 
California
2006 – 2015
 
 
Belgium
2012 – 2015
 
 
United Kingdom
2013 – 2015
 
 
Spain
2011 – 2015
 
 
Mexico
2010 – 2015
 
 
Canada
2004 – 2015
 
 
China
2011 – 2015
 
 
Hong Kong
2011 – 2015
 
 
India
2008 – 2015
 
 
Italy
2007 – 2015
 
 
France
2012 – 2015
 
 
Japan
2011 – 2015
 
 
Russia
2014 – 2015
 
 
Germany
2009 – 2015