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Bemis Company 2007 Annual Report - IR Solutions

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that a valuation allowance of $7.1 million against deferred tax assets primarily associated with the foreign net operating loss carryover<br />

was necessary at December 31, <strong>2007</strong>.<br />

Provision has not been made for U.S. or additional foreign taxes on $170,319,000 of undistributed earnings of foreign<br />

subsidiaries because those earnings are considered to be indefinitely reinvested in the operations of those subsidiaries. It is not practical<br />

to estimate the amount of tax that might be payable on the eventual remittance of such earnings.<br />

The American Jobs Creation Act of 2004 (the Jobs Act) provided U.S. corporations with a one-time opportunity to repatriate the<br />

undistributed earnings of non-U.S. subsidiaries at a potentially reduced U.S. tax cost. During 2005, the <strong>Company</strong> repatriated<br />

approximately $105.0 million of foreign earnings to the United States pursuant to the provisions of the Jobs Act. As a result, the<br />

<strong>Company</strong> recognized additional tax expense of approximately $6.0 million, net of available foreign tax credits, associated with the<br />

repatriation plan.<br />

The <strong>Company</strong> adopted FASB Interpretation (FIN) No. 48, Accounting for Uncertainty in Income Taxes, an Interpretation of<br />

FASB Statement No. 109 (FIN 48), on January 1, <strong>2007</strong>. The <strong>Company</strong> recognized no material adjustments as a result of the<br />

implementation of this policy. As of January 1, <strong>2007</strong>, the <strong>Company</strong> had approximately $13.9 million of total unrecognized tax benefits.<br />

Of this total, approximately $6.0 million represented the amount of unrecognized tax benefits that would impact the effective income tax<br />

rate if recognized in any future periods. As of December 31, <strong>2007</strong>, the <strong>Company</strong> had approximately $9.1 million of total unrecognized tax<br />

benefits. Of this total, approximately $6.4 million represented the amount of unrecognized tax benefits that would impact the effective<br />

income tax rate if recognized in any future periods.<br />

A reconciliation of the beginning and ending amount of unrecognized tax benefits, in millions, is as follows:<br />

Balance at January 1, <strong>2007</strong> $13.9<br />

Additions based on tax positions related to the current year 1.0<br />

Additions for tax positions of prior years 2.5<br />

Reductions for tax positions of prior years (0.3)<br />

Reductions due to a lapse of the statute of limitations (0.4)<br />

Settlements (7.6)<br />

Balance at December 31, <strong>2007</strong> $ 9.1<br />

The <strong>Company</strong> does not expect significant changes to the balance of unrecognized tax benefits within the next 12 months.<br />

The <strong>Company</strong> recognizes interest and penalties related to income tax matters as components of income tax expense. The<br />

<strong>Company</strong> had approximately $1.2 million accrued for interest and penalties at January 1, <strong>2007</strong>. As of December 31, <strong>2007</strong>, the <strong>Company</strong><br />

had approximately $1.3 million accrued for interest and penalties.<br />

The <strong>Company</strong> and its subsidiaries are subject to U.S. federal and state income tax as well as income tax in multiple international<br />

jurisdictions. The <strong>Company</strong>'s U.S. federal income tax returns for the years prior to 2006 have been audited and completely settled. With<br />

few exceptions, the <strong>Company</strong> is no longer subject to examinations by tax authorities for years prior to 2002 in the significant jurisdictions<br />

in which it operates.<br />

Note 11 – LEASES<br />

The <strong>Company</strong> has operating leases for manufacturing plants, land, warehouses, machinery and equipment, and administrative<br />

offices that expire at various times over the next 34 years. Under most leasing arrangements, the <strong>Company</strong> pays the property taxes,<br />

insurance, maintenance, and other expenses related to the leased property. Total rental expense under operating leases was approximately<br />

$7,948,000 in <strong>2007</strong>, $10,870,000 in 2006, and $13,178,000 in 2005.<br />

The <strong>Company</strong> has capitalized leases for a manufacturing site and some machinery and equipment that expire at various times<br />

over the next five years. The present values of minimum future obligations shown in the following chart are calculated based on an<br />

interest rate of approximately 4.6 percent, which is the lessor’s implicit rate of return. Interest expense on the outstanding obligations<br />

under capital leases was approximately $16,000 in <strong>2007</strong>, $15,000 in 2006, and $13,000 in 2005.<br />

Minimum future obligations on leases in effect at December 31, <strong>2007</strong>, are:<br />

Capital<br />

Operating<br />

(in thousands) Leases Leases<br />

2008 $113 $5,177<br />

2009 42 3,649<br />

2010 0 3,003<br />

2011 0 2,146<br />

2012 0 1,380<br />

Thereafter 0 5,166<br />

Total minimum obligations 155 $20,521<br />

Less amount representing interest 9<br />

Present value of net minimum obligations 146<br />

Less current portion 106<br />

Long-term obligations $ 40<br />

37

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