as of september 24 , 2011 , the total amount of gross unrecognized tax benefits was $ 1.4 billion , of which $ 563 million , if recognized , would affect the company 2019s effective tax rate .as of september 25 , 2010 , the total amount of gross unrecognized tax benefits was $ 943 million , of which $ 404 million , if recognized , would affect the company 2019s effective tax rate .the aggregate changes in the balance of gross unrecognized tax benefits , which excludes interest and penalties , for the three years ended september 24 , 2011 , is as follows ( in millions ) : .
[['', '2011', '2010', '2009'], ['beginning balance', '$ 943', '971', '$ 506'], ['increases related to tax positions taken during a prior year', '49', '61', '341'], ['decreases related to tax positions taken during a prior year', '-39 ( 39 )', '-224 ( 224 )', '-24 ( 24 )'], ['increases related to tax positions taken during the current year', '425', '240', '151'], ['decreases related to settlements with taxing authorities', '0', '-102 ( 102 )', '0'], ['decreases related to expiration of statute of limitations', '-3 ( 3 )', '-3 ( 3 )', '-3 ( 3 )'], ['ending balance', '$ 1375', '$ 943', '$ 971']]
the company includes interest and penalties related to unrecognized tax benefits within the provision for income taxes .as of september 24 , 2011 and september 25 , 2010 , the total amount of gross interest and penalties accrued was $ 261 million and $ 247 million , respectively , which is classified as non-current liabilities in the consolidated balance sheets .in connection with tax matters , the company recognized interest expense in 2011 and 2009 of $ 14 million and $ 64 million , respectively , and in 2010 the company recognized an interest benefit of $ 43 million .the company is subject to taxation and files income tax returns in the u.s .federal jurisdiction and in many state and foreign jurisdictions .for u.s .federal income tax purposes , all years prior to 2004 are closed .the internal revenue service ( the 201cirs 201d ) has completed its field audit of the company 2019s federal income tax returns for the years 2004 through 2006 and proposed certain adjustments .the company has contested certain of these adjustments through the irs appeals office .the irs is currently examining the years 2007 through 2009 .in addition , the company is also subject to audits by state , local and foreign tax authorities .in major states and major foreign jurisdictions , the years subsequent to 1988 and 2001 , respectively , generally remain open and could be subject to examination by the taxing authorities .management believes that an adequate provision has been made for any adjustments that may result from tax examinations .however , the outcome of tax audits cannot be predicted with certainty .if any issues addressed in the company 2019s tax audits are resolved in a manner not consistent with management 2019s expectations , the company could be required to adjust its provision for income tax in the period such resolution occurs .although timing of the resolution and/or closure of audits is not certain , the company does not believe it is reasonably possible that its unrecognized tax benefits would materially change in the next 12 months .note 6 2013 shareholders 2019 equity and share-based compensation preferred stock the company has five million shares of authorized preferred stock , none of which is issued or outstanding .under the terms of the company 2019s restated articles of incorporation , the board of directors is authorized to determine or alter the rights , preferences , privileges and restrictions of the company 2019s authorized but unissued shares of preferred stock .comprehensive income comprehensive income consists of two components , net income and other comprehensive income .other comprehensive income refers to revenue , expenses , gains and losses that under gaap are recorded as an element .

Question: how many years does the irs have under examination?
Answer: 3
Explanation: 2006 is the last closed year .