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Exhibit 3.6 Consolidated multistep statements of income: Adobe Systems, Inc. (in thousands).<br />

Source: Adobe Systems, Inc., annual report, November 2007.<br />

The Nature of Operating Income<br />

Operating income is not defined under GAAP, and is often considered equivalent to earnings before<br />

interest and taxes (EBIT). More specifically, operating income is designed to reflect the revenues,<br />

gains, expenses, and losses that are related to the fundamental operating activities of the firm<br />

independent of capital structure and income tax environment. However, notice that the Adobe Systems<br />

operating income in both 2006 and 2007 is reported after restructuring charges. While operating<br />

income or loss may include only operations-related items, some of these items may be nonrecurring.<br />

Hence, operating income is often not the “sustainable” earnings measure called for by the AICPA<br />

Special Committee on Financial Reporting. Even at this early point in the income statement,<br />

nonrecurring items have been introduced that will require adjustment in order to arrive at an earnings<br />

base “that provides a basis for estimating sustainable earnings.” 12 Note also that “operating income” in<br />

a multistep format is an earlier subtotal than “income from continuing operations.” Operating income

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