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0000320193
20061229
10-Q
650
As of July 1, 2006, the Retail segment had 5,384 full-time equivalent employees and had outstanding lease commitments associated with retail store space and related facilities of $810 million.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
651
Gross Margin Gross margin for the three and nine months ended July 1, 2006 and June 25, 2005 was as follows (in millions, except gross margin percentages): (1) See “Explanatory Note” immediately preceding Part 1, Item 1 and Note 2, “Restatement of Condensed Consolidated Financial Statements,” in Notes to Condensed Cons...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
652
Gross margin percentage for the third quarter of 2006 was 30.3% compared to 29.7% for the third quarter of 2005.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
653
Favorable costs of certain commodity components including LCD flat-panel displays and NAND flash memory contributed to the higher gross margin percentage along with higher overall revenue resulting in more effective leverage on fixed production costs.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
654
During the first nine months of 2006, gross margin percentage decreased to 28.9% compared to 29.3% during the first nine months of 2005.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
655
This was primarily due to a relative increase in sales of lower margin products in the first quarter of 2006, particularly the iPod product family and music-related services, partially offset by higher overall revenue resulting in more effective leverage on fixed production costs.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
656
Operating Expenses Operating expenses for the three and nine months ended July 1, 2006 and June 25, 2005 were as follows (in millions, except for percentages): (1) See “Explanatory Note” immediately preceding Part 1, Item 1 and Note 2, “Restatement of Condensed Consolidated Financial Statements,” in Notes to Condensed ...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
657
Research and Development (R&D) Expenditures for R&D increased 21% or $30 million to $175 million in the third quarter of 2006 compared to $145 million in the third quarter of 2005, and increased 37% or $145 million to $533 million compared to $388 million in the first nine months of 2005.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
658
These increases were due primarily to an increase in R&D headcount in the current year to support expanded R&D activities, increases of $10 million and $35 million for the three and nine months ended July 1, 2006, respectively, in stock-based compensation recognized as R&D expense resulting from the adoption of SFAS No...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
659
123R, and higher overall expenses due to the 14th week added to the first fiscal quarter of 2006 to realign the Company’s fiscal quarters with calendar quarters.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
660
In addition, during the first nine months of 2005, the Company capitalized approximately $29.7 million of costs associated with the development of Mac OS X Tiger.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
661
No software development costs were capitalized during the third quarter or first nine months of 2006.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
662
Despite the increase in expenditures, R&D as a percentage of net sales remained relatively flat in both the third quarter and first nine months of 2006 as compared to the same periods in 2005 due to the year-over-year increases in net sales experienced by the Company in the third quarter and first nine months of 2006.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
663
The Company continues to believe that focused investments in R&D are critical to its future growth and competitive position in the marketplace and are directly related to timely development of new and enhanced products that are central to the Company’s core business strategy.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
664
As such, the Company expects to make further investments in R&D to remain competitive.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
665
Selling, General, and Administrative Expense (SG&A) Expenditures for SG&A increased $111 million or 23% and $415 million or 30%, respectively, for the three and nine months ended July 1, 2006, compared to the same periods in 2005.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
666
These increases were primarily due to higher direct and channel variable selling expenses resulting from the significant year-over-year increase in total net sales for the third quarter and first nine months of 2006, the Company’s continued expansion of its Retail segment in both domestic and international markets, inc...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
667
123R, a current year increase in discretionary spending on marketing and advertising, and the expenses associated with the 14th week added to the first fiscal quarter of 2006.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
668
Other Income and Expense Other income and expense for the three and nine months ended July 1, 2006 and June 25, 2005 were as follows (in millions): Total other income and expense increased $49 million to $95 million during the third quarter of 2006 compared to $46 million in the third quarter of 2005, and increased $14...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
669
These increases are attributable primarily to higher cash and short-term investment balances and increasing investment yields resulting from higher market interest rates and the 14th week added to the first fiscal quarter of 2006.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
670
The weighted average interest rate earned by the Company on its cash, cash equivalents and short-term investments increased to 4.77% in the third quarter of 2006 compared to the 2.88% rate earned during the same period in 2005.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
671
Provision for Income Taxes The Company’s effective tax rate for the three and nine months ended July 1, 2006 was approximately 29% and 31%, respectively.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
672
The effective rate for the three and nine months ended July 1, 2006 differs from the same periods in fiscal year 2005 due primarily to a net benefit recognized in the third quarter of 2006 of $24 million resulting from the dividend repatriation under the American Jobs Creation Act of 2004 (“AJCA”) and international tax...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
673
The Company’s effective rate for both periods differs from the statutory federal income tax rate of 35% due primarily to certain undistributed foreign earnings for which no U.S. taxes are provided because such earnings are intended to be indefinitely reinvested outside the U.S., the AJCA dividend repatriation and imple...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
674
On October 22, 2004, the AJCA was signed into law.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
675
The AJCA includes a provision for the deduction of 85% of certain foreign earnings that are repatriated, as defined in the AJCA, within a specified time frame.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
676
Among other requirements, dividends qualifying for the 85% deduction must be reinvested in the United States in certain qualified investments pursuant to a domestic reinvestment plan approved by the Chief Executive Officer (“CEO”) and Board of Directors.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
677
During the third quarter of 2006, the Company initiated a plan to repatriate approximately $1.5 billion of foreign earnings prior to the end of fiscal 2006, of which approximately $1.3 billion was repatriated during the third quarter, and of which $755 million is eligible for the reduced tax rate provided by the AJCA.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
678
Accordingly, the Company recorded a tax charge of $54 million related to the repatriation of foreign earnings under the provisions of the AJCA.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
679
In addition, the Company recorded a tax benefit of $78 million resulting from the implementation of tax planning strategies to realize deferred tax assets that were previously not recognizable within certain foreign subsidiaries.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
680
The Internal Revenue Service (“IRS”) has substantially completed its field audit of the Company’s federal income tax returns for the years 2002 through 2003 and proposed certain adjustments.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
681
The Company intends to contest certain of these adjustments through the IRS Appeals Office.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
682
Substantially all IRS audit issues for years prior to 2002 have been resolved.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
683
In addition, the Company is subject to audits by state, local, and foreign tax authorities.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
684
Management believes that adequate provision has been made for any adjustments that may result from tax examinations.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
685
However, the outcome of tax audits cannot be predicted with certainty.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
686
Should any issues addressed in the Company’s tax audits be 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.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
687
Recent Accounting Pronouncements In September 2006, the SEC issued SAB No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
688
108, Considering the Effects of Prior Year Misstatements when Quantifying Misstatements in Current Year Financial Statements.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
689
SAB No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
690
108 provides guidance on how prior year misstatements should be considered when quantifying misstatements in current year financial statements for purposes of determining whether the current year’s financial statements are materially misstated.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
691
SAB No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
692
108 is effective for fiscal years ending after November 15, 2006.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
693
Although the Company will continue to evaluate the application of SAB No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
694
108, management does not currently believe adoption will have a material impact on the Company’s results of operations or financial position.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
695
In September 2006, the Financial Accounting Standards Board (“FASB”) issued SFAS No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
696
157, Fair Value Measurements, which defines fair value, provides a framework for measuring fair value, and expands the disclosures required for fair value measurements.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
697
SFAS No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
698
157 applies to other accounting pronouncements that require fair value measurements; it does not require any new fair value measurements.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
699
SFAS No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
700
157 is effective for fiscal years beginning after November 15, 2007 and is required to be adopted by the Company beginning in the first quarter of fiscal 2009.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
701
Although the Company will continue to evaluate the application of SFAS No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
702
157, management does not currently believe adoption will have a material impact on the Company’s results of operations or financial position.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
703
In June 2006, the FASB issued FASB Interpretation No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
704
(“FIN”) 48, Accounting for Uncertainty in Income Taxes-an Interpretation of FASB Statement No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
705
109.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
706
FIN 48 clarifies the accounting for uncertainty in income taxes by creating a framework for how companies should recognize, measure, present, and disclose in their financial statements uncertain tax positions that they have taken or expect to be taken in a tax return.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
707
FIN 48 is effective for fiscal years beginning after December 15, 2006 and is required to be adopted by the Company beginning in the first quarter of fiscal 2008.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
708
Although the Company will continue to evaluate the application of FIN 48, management does not currently believe adoption will have a material impact on the Company’s results of operations or financial position.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
709
In May 2005, the FASB issued SFAS No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
710
154, Accounting Changes and Error Corrections, which replaces Accounting Principles Board (“APB”) Opinion No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
711
20, Accounting Changes and SFAS No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
712
3, Reporting Accounting Changes in Interim Financial Statements-An Amendment of APB Opinion No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
713
28.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
714
SFAS No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
715
154 requires retrospective application to prior periods’ financial statements of a voluntary change in accounting principal unless it is not practicable.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
716
SFAS No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
717
154 is effective for accounting changes and corrections of errors made in fiscal years beginning after December 15, 2005 and is required to be adopted by the Company in the first quarter of fiscal 2007.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
718
Although the Company will continue to evaluate the application of SFAS No.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
719
154, management does not currently believe adoption will have a material impact on the Company’s results of operations or financial position.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
720
Liquidity and Capital Resources The following table presents selected financial information and statistics for each of the fiscal quarters ended on the dates indicated (dollars in millions): (1) See the “Explanatory Note” immediately preceding Part 1, Item 1 and Note 2, “Restatement of Condensed Consolidated Financial ...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
721
(a) DSO is based on ending net trade receivables and most recent quarterly net sales for each period.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
722
(b) Days supply of inventory is based on ending inventory and most recent quarterly cost of sales for each period.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
723
(c) DPO is based on ending accounts payable and most recent quarterly cost of sales adjusted for the change in inventory.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
724
As of July 1, 2006, the Company had $9.2 billion in cash, cash equivalents, and short-term investments, an increase of $915 million over the same balances at the end of 2005.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
725
The principal components of this net increase were from cash generated from operating activities of $1.2 billion, excess tax benefits from stock-based compensation of $339 million, and proceeds from the issuance of common stock under stock plans of $286 million.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
726
These increases were partially offset by purchases of property, plant, and equipment of $512 million and repurchases of common stock of $354 million in conjunction with net-share settlements on vested restricted stock and restricted stock units.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
727
Cash generated from operating activities includes the impact of the $1.25 billion prepayment for NAND flash memory components.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
728
The Company’s short-term investment portfolio is primarily invested in high-credit quality, liquid investments.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
729
Approximately $4 billion of this cash, cash equivalents, and short-term investments is held by the Company’s foreign subsidiaries and may be subject to U.S. income taxation on repatriation to the U.S.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
730
The Company believes its existing balances of cash, cash equivalents, and short-term investments will be sufficient to satisfy its working capital needs, capital expenditures, stock repurchase activity, outstanding commitments, and other liquidity requirements associated with its existing operations over the next 12 mo...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
731
Capital Expenditures The Company’s total capital expenditures were $512 million during the first nine months of 2006, consisting of $136 million for retail store facilities and equipment related to the Company’s Retail segment, $247 million for real estate acquisitions for the Company’s second corporate campus and for ...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
732
The Company currently anticipates it will utilize approximately $700 million for capital expenditures during 2006, including approximately $210 million for expansion of the Company’s Retail segment, approximately $265 million for real estate acquisitions including the Company’s second corporate campus and its new data ...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
733
Stock Repurchase Plan In July 1999, the Company’s Board of Directors authorized a plan for the Company to repurchase up to $500 million of its common stock.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
734
This repurchase plan does not obligate the Company to acquire any specific number of shares or acquire shares over any specified period of time.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
735
The Company has repurchased a total of 13.1 million shares at a cost of $217 million under this plan and was authorized to repurchase up to an additional $283 million of its common stock as of July 1, 2006.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
736
Off-Balance Sheet Arrangements and Contractual Obligations The Company has not entered into any transactions with unconsolidated entities whereby the Company has financial guarantees, subordinated retained interests, derivative instruments or other contingent arrangements that expose the Company to material continuing ...
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
737
Lease Commitments As of September 24, 2005, the Company had total outstanding commitments on noncancelable operating leases of approximately $865 million, $606 million of which related to the lease of retail space and related facilities.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
738
The major facility leases are for terms of 5 to 15 years and generally provide renewal options for terms of 3 to 5 additional years.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
739
Leases for retail space are for terms of 5 to 20 years, the majority of which are for 10 years, and often contain multi-year renewal options.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
740
Total outstanding commitments on noncancelable operating leases related to the lease of retail space increased to $810 million as of July 1, 2006.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
741
Purchase Commitments with Contract Manufacturers and Component Suppliers The Company utilizes several contract manufacturers to manufacture sub-assemblies for the Company’s products and to perform final assembly and test of finished products.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
742
These contract manufacturers acquire components and build product based on demand information supplied by the Company, which typically covers periods ranging from 30 to 150 days.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
743
The Company also obtains individual components for its products from a wide variety of individual suppliers.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
744
Consistent with industry practice, the Company acquires components through a combination of purchase orders, supplier contracts, and open orders based on projected demand information.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
745
Such purchase commitments typically cover the Company’s forecasted component and manufacturing requirements for periods ranging from 30 to 150 days.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
746
As of July 1, 2006, the Company had outstanding third-party manufacturing commitments and component purchase commitments of approximately $1.8 billion.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
747
During the first quarter of 2006, the Company entered into long-term supply agreements with Hynix Semiconductor, Inc., Intel Corporation, Micron Technology, Inc., Samsung Electronics Co., Ltd., and Toshiba Corporation to secure supply of NAND flash memory through calendar year 2010.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
748
As part of these agreements, the Company prepaid $1.25 billion for flash memory components during 2006.
0001104659-06-084286/full-submission.txt
0000320193
20061229
10-Q
749
These prepayments will be applied to inventory purchases made over the life of each respective agreement.
0001104659-06-084286/full-submission.txt