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Table of Contents
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (Continued)
Note 5—Income Taxes (Continued)
FIN 48
In the first quarter of 2008, the Company adopted FIN 48. Upon adoption of FIN 48, the Company’
s cumulative effect of a change in accounting
principle resulted in an increase to retained earnings of $11 million. The Company had historically classified interest and penalties and
unrecognized tax benefits as current liabilities. Beginning with the adoption of FIN 48, the Company classifies gross interest and penalties and
unrecognized tax benefits that are not expected to result in payment or receipt of cash within one year as non-current liabilities in the
Consolidated Balance Sheet. The total amount of gross unrecognized tax benefits as of the date of adoption of FIN 48 was $475 million, of
which $209 million, if recognized, would affect the Company’s effective tax rate. As of September 27, 2008, the total amount of gross
unrecognized tax benefits was $506 million, of which $253 million, if recognized, would affect the Company’s effective tax rate. The
Company’s total gross unrecognized tax benefits are classified as non-current liabilities in the Consolidated Balance Sheet.
The aggregate changes in the balance of gross unrecognized tax benefits, which excludes interest and penalties, for the fiscal year ended
September 27, 2008, is as follows (in millions):
The Company’
s policy to include interest and penalties related to unrecognized tax benefits within the provision for income taxes did not change
as a result of adopting FIN 48. As of the date of adoption, the Company had accrued $203 million for the gross interest and penalties relating to
unrecognized tax benefits. As of September 27, 2008, the total amount of gross interest and penalties accrued was $219 million, which is
classified as non-current liabilities in the Consolidated Balance Sheet. In 2008, the Company recognized interest expense in connection with tax
matters of $16 million.
The Company is subject to taxation and files income tax returns in the U.S. federal jurisdiction and in many state and foreign jurisdictions. For
U.S. federal income tax purposes, all years prior to 2002 are closed. The years 2002-2003 have been examined by the Internal Revenue Service
(the “IRS”) and disputed issues have been taken to administrative appeals. The IRS is currently examining the 2004-2006 years. In addition, the
Company is also subject to audits by state, local, and foreign tax authorities. In major states and major foreign jurisdictions, the years subsequent
to 1988 and 2000, respectively, generally remain open and could be subject to examination by the taxing authorities.
Management believes that an adequate provision has been made for any adjustments that may result from tax examinations. However, the
outcome of tax audits cannot be predicted with certainty. If any issues addressed in the Company’s tax audits are resolved in a manner not
consistent with management’s expectations, the Company could be required to adjust its provision for income tax in the period such resolution
occurs. Although timing of the resolution and/or closure of audits is highly uncertain, the Company does not believe it is reasonably possible that
its unrecognized tax benefits would materially change in the next 12 months.
73
Balance as of September 30, 2007
$
475
Increases related to tax positions taken during a prior period
27
Decreases related to tax positions taken during a prior period
(70
)
Increases related to tax positions taken during the current period
85
Decreases related to settlements with taxing authorities
—
Decreases related to expiration of statute of limitations
(11
)
Balance as of September 27, 2008
$
506