FORTUNE -- "As a multinational company, Apple sells products and earns profits in dozens of countries," writes former senator John E. Sununu (Rep., N.H.) on the op-ed page of Monday's Boston Globe. "The U.S. government, unlike most others, attempts to collect taxes on all of those profits, not just those earned in the United States."
And because the U.S. taxes earnings at a higher rate -- 35% -- than every other country except Bangladesh and Guyana, U.S. multinationals go through all kinds of hoops to avoid reporting them. Independent experts who spoke before and after CEO Tim Cook at last week's Senate hearing testified that Apple's (AAPL) tax avoidance strategies are relatively conservative compared with many of its peers. Some multinationals shift 100% of their income to subsidiaries in Ireland and other low-tax countries.
Tim Cook testified last week that Apple pays U.S. taxes on income from the sales of its products in the Americas and foreign taxes on income from the rest of the world (see pie chart above).
In one of a half-dozen articles the New York Times has published attacking Apple's tax structure, a Times columnist called that testimony -- given under oath -- a "bald-faced lie." (See Joe Nocera does it again.)
The editors of the Boston Globe (a newspaper that happens to be owned by Times) took a different view. They published Sununu's piece under the headline Not Apple's Fault: Congress wrote the tax laws, so why blame CEO for obeying them?
"By refusing to feel guilty about the results produced by a 30-year-old corporate structure, Cook placed the responsibility for the taxes Apple pays where it belongs: on the US Congress," Sununu writes.
"Senator [Carl] Levin and his staff believe that it is wrong for companies and individuals to engage in behavior that avoids taxes. They hoped that calling out Cook might generate support for legislation that targets companies like Apple. Instead, they mostly provided a lesson in the complex, convoluted, and often uncompetitive nature of America's corporate tax code. They also provided a reminder that those responsible for the mess were asking the questions, not sitting at the witness table."
Reporters wrote two kinds of second-day stories, with two very different takes.
FORTUNE -- A search of Google News the day after Tim Cook's Senate testimony on Apple's (AAPL) taxes turned up two kinds of stories.
Headlines reporting on the fact of the hearing tended to use metaphors of violence ("rip," "lambaste," "clash," "spar," "fend off") or of high-temperature torture ("grilled," "under fire," "hot seat").
But the journalists who reported on the atmospherics MOREPhilip Elmer-DeWitt - May 22, 2013 10:14 AM ET
In a statement to the Senate, Apple explains -- sort of -- what it's doing in Cork.
FORTUNE -- There are three parts to the 17-page testimony Apple (AAPL) submitted Monday afternoon in advance of Tim Cook's appearance before the Senate Permanent Subcommitee on Investigations, scheduled for Tuesday:
The easy part: A recitation of how much Apple pays in Federal taxes ($6 billion in fiscal 2012), the number of jobs it has created MOREPhilip Elmer-DeWitt - May 20, 2013 5:08 PM ET
Next week we'll find out what a Senate probe of Apple's taxes has uncovered.
FORTUNE -- According to the New York Times' Pulitzer Prize-winning iEconomy series, Apple (AAPL) has gone to extraordinary lengths to avoid paying its fair share of taxes -- well beyond the usual tax reduction strategies U.S. corporations have long considered fair game.
"Apple was a pioneer of an accounting technique known as the 'Double Irish With a Dutch MOREPhilip Elmer-DeWitt - May 16, 2013 9:07 AM ET
The odds are stacked against Samsung on jury misconduct, liability, injunctions etc.
FORTUNE -- "All eyes are on San Jose," writes Christopher Carani in a preamble to his analysis of the big Apple v. Samsung hearing scheduled for Thursday in Judge Lucy Koh's federal court.
"This is a major hearing in an extremely important patent case that impacts one of this country's most critical and fastest growing industries... This case will have implications far MOREPhilip Elmer-DeWitt - Dec 6, 2012 6:54 AM ET
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