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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes [Abstract]  
Income Tax Disclosure [Text Block]
INCOME TAXES

The components of income before income tax expense for 2011, 2010 and 2009 are as follows (in thousands):
 
2011
 
2010
 
2009
 
 
 
 
 
 
 
 
United States
$
115,413

 
$
86,985

 
$
69,444

 
Other countries
123,429

 
122,163

 
101,815

 
Operating income before income tax expense
$
238,842

 
$
209,148

 
$
171,259

 


The components of income tax expense for 2011, 2010 and 2009 are as follows (in thousands):
 
2011
 
2010
 
2009
Current:
 
 
 
 
 
United States
$
43,632

 
$
38,704

 
$
10,110

Other countries
11,515

 
30,357

 
18,628

State and provincial
5,600

 
4,821

 
2,790

 
60,747

 
73,882

 
31,528

Deferred:
 
 
 
 
 
United States
(8,905
)
 
(9,699
)
 
23,031

Other countries
2,892

 
100

 
1,441

State and provincial
(536
)
 
(536
)
 
1,164

Total deferred
(6,549
)
 
(10,135
)
 
25,636

Income tax expense
$
54,198

 
$
63,747

 
$
57,164



The differences in income tax expense computed using The Netherlands statutory income tax rate of 25.0%, 25.5% and 25.5% in 2011, 2010 and 2009, respectively, and our income tax expense as reported in the accompanying Consolidated Statements of Operations for 2011, 2010 and 2009 are as follows (in thousands):

 
2011
 
2010
 
2009
 
 
 
 
 
 
Tax at The Netherlands income tax rate
$
59,711

 
$
53,333

 
$
43,671

Reserve for pending audit settlement

 

 
(4,468
)
International earnings taxed at rates other than
The Netherlands statutory rate
(241
)
 
3,698

 
8,618

Non-deductible expenses
2,691

 
2,524

 
3,366

Change in valuation allowance
(1,279
)
 
75

 
1,564

State and provincial taxes
3,166

 
2,597

 
3,954

Adjustments of prior year taxes
(17,229
)
 
(389
)
 
(297
)
Adjustments of income tax reserves
7,050

 
4,093

 
3,402

Other
329

 
(2,184
)
 
(2,646
)
Income tax expense
$
54,198

 
$
63,747

 
$
57,164



Included in Adjustments of prior year taxes is the reversal of $10.4 million in tax liabilities provided over the period 2007-2010 as a result of recently concluded audits of prior year returns.  The remainder reflects adjustments to true-up the tax accrual for prior year taxes with the tax liability reported in the filed tax returns.

Deferred tax assets and liabilities result from various temporary differences between the financial statement carrying amount and their tax basis. Deferred tax assets and liabilities as of December 31, 2011 and 2010 are summarized as follows (in thousands):
 
2011
 
2010
 
Deferred tax assets:
 
 
 
 
Net operating loss carry-forwards
$
7,143

 
$
9,518

 
Tax credit carry-forwards
5,483

 
7,571

 
Reserves
9,804

 
11,429

 
Property, plant and equipment

 
3,611

 
Unrealized benefit plan loss
1,200

 
1,445

 
Other
9,857

 
951

 
 
33,487

 
34,525

 
Valuation allowance
(9,342
)
 
(10,739
)
 
Net deferred tax asset
24,145

 
23,786

 
Deferred tax liabilities:
 
 
 
 
Intangibles
(2,174
)
 
(197
)
 
Property, plant and equipment
(3,203
)
 

 
Exchangeable debt

 
(16,652
)
 
Other
(4,830
)
 
452

 
Total deferred tax liabilities
(10,207
)
 
(16,397
)
 
Net deferred income taxes
$
13,938

 
$
7,389

 
 
 
 
 
 
 
2011
 
2010
 
 
 
 
 
 
Current deferred tax assets
$
10,483

 
$
10,508

 
Current deferred tax liabilities
(4,676
)
 
(921
)
 
Long-term deferred tax assets
13,662

 
13,278

 
Long-term deferred tax liabilities
(5,531
)
 
(15,476
)
 
   Total deferred tax assets (liabilities)
$
13,938

 
$
7,389

 


At December 31, 2011, we had tax net operating loss carry-forwards in various tax jurisdictions of approximately $29.4 million. Although we cannot be certain that these operating loss carry-forwards will be utilized, we anticipate that we will have sufficient taxable income in future years to allow us to fully utilize the carry-forwards that are not subject to a valuation allowance as of December 31, 2011. If unused, those carry-forwards which are subject to expiration may expire during the years 2012 through 2021. At December 31, 2011, we maintained a valuation allowance of $7.1 million on our net operating loss carry-forwards. During 2011, $0.5 million of operating loss carry-forwards which carried a full valuation allowance expired unused.

Our Exchangeable Notes fully matured and were settled in 2011 which resulted in a reversal of the related deferred tax liability that was established for the difference between the book and tax basis of the Exchangeable Notes.

We file income tax returns in the U.S. federal jurisdiction, various states and foreign jurisdictions. We are currently undergoing multiple examinations in various jurisdictions, and the years 1999 through 2010 remain open for examination in various tax jurisdictions in which we operate.

During 2011, payments were made to certain tax jurisdictions, resulting in a reduction to the unrecognized tax benefits. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 
2011
 
2010
 
2009
 
 
 
 
 
 
Unrecognized tax benefits at January 1,
$
9,986

 
$
8,324

 
$
5,974

Tax positions, current period
1,512

 
1,149

 
4,668

Tax positions, prior period
4,959

 
2,181

 

Settlements with taxing authorities

 
(555
)
 
(1,449
)
Lapse of applicable statute of limitations
(2,430
)
 
(1,113
)
 
(869
)
  Unrecognized tax benefits at December 31,
$
14,027

 
$
9,986

 
$
8,324



Changes in our estimate of unrecognized tax benefits would affect our effective tax rate. The amounts included in the table above for settlements with tax authorities primarily represent cash payments.

Our policy is to record accrued interest and penalties on uncertain tax positions, net of any tax effect, as part of total tax expense for the period. The corresponding liability is carried along with the tax exposure as a non-current payable in Other Long-term Liabilities. For the years ended December 31, 2011, 2010 and 2009, we had approximately $3.0 million, $2.9 million and $3.2 million, respectively, accrued for the payment of interest and penalties.

During 2011, we recognized tax benefits of $2.6 million relating to tax deductions in excess of book expense for stock-based compensation awards. These tax benefits are recorded to Additional Paid-in Capital to the extent deductions reduce current taxable income as we are able to realize the tax benefits.