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Income Taxes
3 Months Ended
Mar. 31, 2014
Income Taxes

Note 13—Income taxes:

 

 

 

Three months ended
March 31,

 

 

2013

 

 

2014

 

 

(In millions)

 

Expected tax expense benefit, at U.S. federal statutory income tax rate of 35%

$

(24.5

)

 

$

2.9

 

Incremental tax (benefit) on earnings of non-U.S. and non-tax group companies

 

(1.4

)

 

 

(.1

)

Non-U.S. tax rates

 

(.4

)

 

 

(.7

)

Adjustment to the reserve for uncertain tax positions, net

 

2.0

 

 

 

.3

 

Nondeductible expenses

 

2.5

 

 

 

.3

 

U.S. state income taxes and other, net

 

 

 

 

1.1

 

Income tax expense (benefit)

$

(21.8

)

 

$

3.8

 

 

 

Three months ended
March 31,

 

 

2013

 

 

2014

 

Comprehensive provision for income taxes (benefit) allocable to:

 

 

 

 

 

 

 

Net income (loss)

$

(21.8

)

 

$

3.8

 

Other comprehensive income (loss):

 

 

 

 

 

 

 

Marketable securities

 

3.6

 

 

 

(8.8

)

Currency translation

 

(3.8

)

 

 

(.7

)

Pension plans

 

1.2

 

 

 

1.0

 

OPEB plans

 

(.2

)

 

 

(.2

)

Total

$

(21.0

)

 

$

(4.9

)

Tax authorities are examining certain of our U.S. and non-U.S. tax returns and have or may propose tax deficiencies, including penalties and interest. Because of the inherent uncertainties involved in settlement initiatives and court and tax proceedings, we cannot guarantee that these matters will be resolved in our favor, and therefore our potential exposure, if any, is also uncertain. In 2011 and 2012, Kronos received notices of re-assessment from the Canadian federal and provincial tax authorities related to the years 2002 through 2004. We object to the re-assessments and believe the position is without merit. Accordingly, we are appealing the re-assessments and in connection with such appeal we were required to post letters of credit aggregating Cdn. $7.9 million (see Note 10). If the full amount of the proposed adjustment were ultimately to be assessed against us, the cash tax liability would be approximately $15.2 million. We believe we have adequate accruals for additional taxes and related interest expense which could ultimately result from tax examinations. We believe the ultimate disposition of tax examinations should not have a material adverse effect on our consolidated financial position, results of operations or liquidity. We currently estimate that our unrecognized tax benefits may change by $13.0 million during the next twelve months related to certain adjustments to our prior year returns and the expiration of certain statutes of limitations.

Our 2014 provision for income taxes includes a $1.0 million provision ($.9 million, net of noncontrolling interest) which is a correction of amounts that should have been recognized in the fourth quarter of 2012, and is not material to any current or prior periods.