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FORM 10-K - Harman

FORM 10-K - Harman

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tax assets to an amount we believe is more likely than not to be realized. We regularly review our deferred tax<br />

assets for recoverability considering historical profitability, our ability to project future taxable income, the<br />

expected timing of the reversals of existing temporary differences and tax planning strategies. If we continue to<br />

operate at a loss in certain jurisdictions or are unable to generate sufficient future taxable income within the<br />

defined lives of such assets, we could be required to increase our valuation allowance against all or a significant<br />

portion of our deferred tax assets. This increase in valuation allowance could result in substantial increases in our<br />

effective tax rate and could have a material adverse impact on our operating results. Conversely, if and when our<br />

operations in some jurisdictions become sufficiently profitable before our current estimates, we would be<br />

required to reduce all or a portion of our current valuation allowance and such reversal would result in an<br />

increase in our earnings in such period. Adjustments to our valuation allowance, through charges to income tax<br />

expense were $11.4 million, $0.5 million and zero for the years ending June 30, 2009, 2008 and 2007,<br />

respectively.<br />

The calculation of our deferred tax liabilities involves dealing with uncertainties in the application of<br />

complex tax regulations. We recognize liabilities for tax audit issues in the U.S. and other tax jurisdictions based<br />

on our estimate of whether and the extent to which additional taxes will be due. If payment of these amounts<br />

ultimately proves to be unnecessary, the reversal of the liabilities would result in additional tax benefits<br />

recognized in the period in which we determine the liabilities are no longer necessary. If our estimate of tax<br />

liabilities proves to be less than the ultimate assessment, a further charge to expense would result. We recognize<br />

interest and penalties related to income tax matters in income tax expense. Refer to Note <strong>10</strong> – Income Taxes in<br />

the Notes to the Consolidated Financial Statements for more information.<br />

Severance and Exit Costs<br />

We recognize liabilities for severance and exit costs based upon the nature of the liability incurred. For<br />

involuntary separation programs that are conducted according to the guidelines of our written involuntary<br />

separation plan, we record the liability when it is probable and reasonably estimable in accordance with<br />

Statement of Financial Accounting Standard (“SFAS”) No. 112, “Employers’ Accounting for Postemployment<br />

Benefits” (“SFAS 112”). For involuntary separation programs that are conducted according to the provisions of<br />

collective bargaining agreements or statutes, we record the liability when it is probable and reasonably estimable<br />

in accordance with SFAS No. 88, “Employers’ Accounting for Settlements and Curtailments of Defined Benefit<br />

Pension Plans and for Termination Benefits” (“SFAS 88”) For one-time termination benefits, such as additional<br />

severance pay, and other exit costs, such as lease and other contract termination costs, the liability is measured<br />

and originally recognized at fair value in the period in which the liability is incurred, with subsequent changes<br />

recognized in the period of change, in accordance with SFAS No.146, “Accounting for Costs Associated with<br />

Exit or Disposal Activities” (“SFAS 146”). Refer to Note 12 – Restructuring in the Notes to the Consolidated<br />

Financial Statements for more information.<br />

Share-Based Compensation<br />

Effective July 1, 2005, we adopted SFAS No. 123R, Share-Based Payment (“SFAS 123R”), using the<br />

modified prospective method. Under SFAS 123R, share-based compensation expense is recognized based on the<br />

estimated fair value of stock options and similar equity instruments awarded to employees. Refer to Note 11 –<br />

Shareholders’ Equity and Share-Based Compensation in the Notes to the Consolidated Financial Statements for<br />

additional information.<br />

Results of Operations<br />

Net Sales<br />

Fiscal year 2009 net sales were $2.891 billion, a decrease of 30 percent compared to the prior year. Foreign<br />

currency translation had a negative impact of approximately $194 million when compared to the prior year. Each<br />

of our four business segments reported lower sales compared to the prior year. The decline in overall net sales<br />

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