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Income Taxes
12 Months Ended
Nov. 27, 2016
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
The Company's income tax expense was $116.1 million, $100.5 million and $49.5 million for the years 2016, 2015 and 2014, respectively. The Company's effective income tax rate was 28.5%, 32.4%, and 32.2% for 2016, 2015 and 2014, respectively.
The decrease in effective income tax rate in 2016 as compared to 2015 is primarily due to a favorable impact of foreign operations as compared to 2015. 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 deductions taken for losses on the investments in a consolidated subsidiary.
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 27, 2016
 
November 29, 2015
 
November 30, 2014
 
(Dollars in thousands)
Income tax expense at U.S. federal statutory rate
$
142,541

35.0
 %
 
$
108,639

35.0
 %
 
$
53,849

35.0
 %
State income taxes, net of U.S. federal impact
6,943

1.7
 %
 
8,938

2.9
 %
 
7


Impact of foreign operations
(28,727
)
(7.1
)%
 
(7,286
)
(2.3
)%
 
(5,296
)
(3.4
)%
Reassessment of tax liabilities
(2,387
)
(0.6
)%
 
(7,577
)
(2.4
)%
 
(3,466
)
(2.3
)%
Deduction related to subsidiaries
(6,788
)
(1.7
)%
 
(8,060
)
(2.6
)%
 


Write-off of deferred tax assets


 
1,718

0.6
 %
 
4,899

3.2
 %
Other, including non-deductible expenses
4,469

1.2
 %
 
4,135

1.2
 %
 
(448
)
(0.3
)%
Total
$
116,051

28.5
 %
 
$
100,507

32.4
 %
 
$
49,545

32.2
 %


Impact of foreign operations. The increase of tax rate benefit in 2016 as compared to 2015 is primarily due to a favorable change in the mix of earnings in jurisdictions with lower effective tax rate and lower amount of foreign losses with no tax benefit in 2016 as compared to 2015.
Reassessment of tax liabilities. In 2016, the $2.4 million tax benefit is primarily attributable to the lapse of statutes of limitations in various jurisdictions. In 2015, the $7.6 million tax benefit primarily related to remeasurement of a tax position and the lapse of statutes of limitations in various jurisdictions.
Deduction related to subsidiaries. In 2016, the $6.8 million benefit is primarily related to a discrete tax benefit attributable to deductions for worthless debts in a consolidated subsidiary. In 2015 the $8.1 million discrete tax benefit is primarily attributable to the deductions for losses on the investments in a consolidated subsidiary.
The U.S. and foreign components of income before income taxes were as follows:
 
 
Year Ended
 
 
 
November 27, 2016
 
November 29, 2015
 
November 30, 2014
 
 
 
(Dollars in thousands)
 
 
Domestic
$
189,478

 
$
194,540

 
$
31,733

 
 
Foreign
217,782

 
115,858

 
122,121

 
 
Total income before income taxes
$
407,260

 
$
310,398

 
$
153,854

 

Income tax expense consisted of the following:
 
 
Year Ended
 
 
 
November 27, 2016
 
November 29, 2015
 
November 30, 2014
 
 
 
(Dollars in thousands)
 
 
U.S. Federal
 
 
 
 
 
 
 
Current
$
7,122

 
$
3,299

 
$
15,470

 
 
Deferred
66,840

 
56,155

 
(1,983
)
 
 
 
$
73,962

 
$
59,454

 
$
13,487

 
 
U.S. State
 
 
 
 
 
 
 
Current
$
2,097

 
$
1,334

 
$
4,096

 
 
Deferred
4,846

 
7,604

 
(4,089
)
 
 
 
$
6,943

 
$
8,938

 
$
7

 
 
Foreign
 
 
 
 
 
 
 
Current
$
40,754

 
$
37,488

 
$
58,156

 
 
Deferred
(5,608
)
 
(5,373
)
 
(22,105
)
 
 
 
$
35,146

 
$
32,115

 
$
36,051

 
 
Consolidated
 
 
 
 
 
 
 
Current
$
49,973

 
$
42,121

 
$
77,722

 
 
Deferred
66,078

 
58,386

 
(28,177
)
 
 
Total income tax expense
$
116,051

 
$
100,507

 
$
49,545

 


Deferred Tax Assets and Liabilities
The Company's deferred tax assets and deferred tax liabilities were as follows:
 
 
November 27, 2016
 
November 29, 2015
 
 
 
(Dollars in thousands)
 
 
Deferred tax assets
 
 
 
 
 
Foreign tax credit carryforwards
$
92,845

 
$
116,862

 
 
State net operating loss carryforwards
8,721

 
12,412

 
 
Foreign net operating loss carryforwards
85,095

 
91,235

 
 
Employee compensation and benefit plans
247,235

 
255,458

 
 
Advance royalties
58,633

 
69,881

 
 
Accrued liabilities
28,680

 
31,915

 
 
Sales returns and allowances
29,338

 
26,461

 
 
Inventory
14,272

 
17,196

 
 
Property, plant and equipment
6,971

 
16,459

 
 
Other
14,472

 
17,528

 
 
Total gross deferred tax assets
586,262

 
655,407

 
 
Less: Valuation allowance
(68,212
)
 
(75,753
)
 
 
Deferred tax assets, net of valuation allowance
518,050

 
579,654

 
 
Deferred tax liabilities
 
 
 
 
 
Unrealized gains or losses on investments

 
(344
)
 
 
Total net deferred tax assets
$
518,050

 
$
579,310

 
 
 
 
 
 
 
 
Net deferred tax assets
$
586,262

 
$
655,063

 
 
Valuation allowance
(68,212
)
 
(75,753
)
 
 
Total net deferred tax assets
$
518,050

 
$
579,310

 

Foreign tax credit carryforwards. The foreign tax credit carryforwards at November 27, 2016, are subject to expiration through 2022 if not utilized.
Foreign net operating loss carryforwards. As of November 27, 2016, the Company had a deferred tax asset of $85.1 million for foreign net operating loss carryforwards of $300.3 million. Approximately $142.2 million of these operating losses are subject to expiration through 2026. The remaining $158.1 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 27, 2016:
 
 
Valuation Allowance at November 29, 2015
 
Changes in Related Gross Deferred Tax Asset
 
Release
 
Valuation Allowance at November 27, 2016
 
(Dollars in thousands)
U.S. state net operating loss carryforwards
 
$
3,500

 
$
(1,780
)
 
$

 
$
1,720

Foreign net operating loss carryforwards and other foreign deferred tax assets
 
72,253

 
(3,247
)
 
(2,514
)
 
66,492

 
 
$
75,753

 
$
(5,027
)
 
$
(2,514
)
 
$
68,212


At November 27, 2016, 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 27, 2016, 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 $26.6 million.
Uncertain Income Tax Positions
As of November 27, 2016, the Company’s total gross amount of unrecognized tax benefits was $29.1 million, of which $21.7 million could impact the effective tax rate, if recognized, as compared to November 29, 2015, when the Company’s total gross amount of unrecognized tax benefits was $32.7 million, of which $20.6 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 27, 2016 and November 29, 2015:
 
 
 
November 27,
2016
 
November 29,
2015
 
 
 
 
(Dollars in thousands)
 
 
Unrecognized tax benefits beginning balance
 
$
32,704

 
$
41,571

 
 
Increases related to current year tax positions
 
1,970

 
3,687

 
 
Increases related to tax positions from prior years
 
45

 

 
 
Decreases related to tax positions from prior years
 
(584
)
 
(4,723
)
 
 
Settlement with tax authorities
 

 

 
 
Lapses of statutes of limitation
 
(4,266
)
 
(7,576
)
 
 
Other, including foreign currency translation
 
(816
)
 
(255
)
 
 
Unrecognized tax benefits ending balance
 
$
29,053

 
$
32,704

 
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.
As of November 27, 2016, and November 29, 2015, accrued interest and penalties primarily relating to non-U.S. jurisdictions were $4.1 million and $6.7 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 – 2016
 
 
California
2006 – 2016
 
 
Belgium
2012 – 2016
 
 
United Kingdom
2014 – 2016
 
 
Spain
2012 – 2016
 
 
Mexico
2010 – 2016
 
 
Canada
2012 – 2016
 
 
China
2011 – 2016
 
 
Hong Kong
2011 – 2016
 
 
India
2008 – 2016
 
 
Italy
2007 – 2016
 
 
France
2014 – 2016
 
 
Japan
2011 – 2016
 
 
Russia
2014 – 2016
 
 
Germany
2011 – 2016