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INCOME TAXES
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
 
 
 
 
 
(In Millions)

 
2018
 
2017
 
2016
Income from before income taxes:
 
 
 
 
 
U.S. 
$
821

 
$
730

 
$
616

Foreign
221

 
154

 
216

 
$
1,042

 
$
884

 
$
832

Income tax expense:
 
 
 
 
 
Currently payable:
 
 
 
 
 
U.S. Federal
$
144

 
$
193

 
$
73

State and local
36

 
30

 
24

Foreign
74

 
68

 
69

Deferred:
 
 
 
 
 
U.S. Federal
12

 
12

 
140

State and local

 

 
2

Foreign
(8
)
 
1

 
(12
)
 
$
258

 
$
304

 
$
296

Deferred tax assets at December 31:
 
 
 
 
 
Receivables
$
3

 
$
4

 
 
Inventories
16

 
13

 
 
Other assets, including stock-based compensation
23

 
34

 
 
Accrued liabilities
58

 
49

 
 
Long-term liabilities
149

 
169

 
 
Net operating loss carryforward
51

 
53

 
 
Capital loss carryforward

 
1

 
 
Tax credit carryforward
9

 
8

 
 
 
309

 
331

 
 
Valuation allowance
(43
)
 
(47
)
 
 
 
266

 
284

 
 
Deferred tax liabilities at December 31:
 
 
 
 
 
Property and equipment
87

 
98

 
 
Intangibles
139

 
139

 
 
Investment in foreign subsidiaries
9

 
7

 
 
Other
14

 
21

 
 
 
249

 
265

 
 
Net deferred tax asset at December 31
$
17

 
$
19

 
 

The net deferred tax asset consisted of net deferred tax assets (included in other assets) of $42 million and $45 million, and net deferred tax liabilities (included in other liabilities) of $25 million and $26 million, at December 31, 2018 and 2017, respectively.
We continue to maintain a valuation allowance on certain state and foreign deferred tax assets as of December 31, 2018. Should we determine that we would not be able to realize our remaining deferred tax assets, or the deferred tax assets that currently have a valuation allowance become realizable in these jurisdictions in the future, an adjustment to the valuation allowance would be recorded in the period such determination is made.



R. INCOME TAXES (Continued)
The current portion of the state and local income tax includes an $8 million, $5 million and $8 million tax benefit from the reversal of an accrual for uncertain tax positions resulting primarily from the expiration of applicable statutes of limitations in 2018, 2017 and 2016, respectively. The deferred portion of the state and local taxes includes a $1 million tax benefit in both 2018 and 2017 and a $5 million tax expense in 2016, resulting from changes in valuation allowances against state and local deferred tax assets. The deferred portion of the foreign taxes includes a $2 million tax benefit in 2018 and $6 million tax expense in 2016, from a change in the valuation allowance against foreign deferred tax assets.
Due to the enactment of the 2017 Tax Act on December 22, 2017, we recorded a $20 million tax benefit from the elimination of a deferred tax liability previously recorded on undistributed foreign earnings as a result of the change from a worldwide to a territorial system of taxation. This tax benefit was offset by a $3 million tax charge resulting from the re-measurement of our remaining net deferred tax assets due to a reduction in the U.S. Federal corporate tax rate from 35 percent to 21 percent.
In addition, the 2017 Tax Act requires a mandatory deemed repatriation of undistributed foreign earnings resulting in a toll charge of 15.5 percent on earnings related to cash and liquid assets and 8 percent on earnings for non-liquid assets. Due to the ability to offset positive foreign earnings with existing foreign deficits, we do not anticipate paying any toll charge related to our undistributed foreign earnings.
The $64 million loss from the divestiture of Moores that was recorded in the fourth quarter of 2017 provided no tax benefit.
We created a $14 million disproportionate tax effect in prior years as the result of allocating a deferred tax charge to other comprehensive income (loss) on the unrealized gain of certain available-for-sale securities that was later reversed through income tax expense in the consolidated results of operations by a valuation allowance adjustment, followed by the disposition of the securities while in a full valuation allowance position.  Such disproportionate tax effect has remained in accumulated other comprehensive loss until such time as we cease to have an available-for-sale securities portfolio.  In the fourth quarter of 2016 as a result of our final auction rate securities being called by our counterparty and redeemed, the disproportionate tax effect was eliminated by recording a $14 million charge to income tax expense included in the consolidated results of operations that was offset by a corresponding tax benefit included in other comprehensive income (loss).
In the fourth quarter of 2016, we recorded a $13 million tax benefit from the recognition of a deferred tax asset on certain German net operating losses primarily resulting from a return to sustainable profitability.
Our capital allocation strategy includes reinvesting in our business, balancing share repurchases with potential acquisitions and maintaining an appropriate dividend. In order to provide greater flexibility in the execution of our capital allocation strategy, we may repatriate earnings from certain foreign subsidiaries. Our deferred tax balance on investment in foreign subsidiaries reflects the impact of all taxable temporary differences, including those related to substantially all undistributed foreign earnings, except those that are legally restricted. As a result of the enactment of the 2017 Tax Act, our deferred tax balance on investment in foreign subsidiaries consists primarily of foreign withholding taxes.
Of the $60 million and $61 million deferred tax asset related to the net operating loss and tax credit carryforwards at December 31, 2018 and 2017, respectively, $32 million and $33 million, respectively, will expire between 2021 and 2036 and $28 million has no expiration.








R. INCOME TAXES (Continued)
A reconciliation of the U.S. Federal statutory tax rate to the income tax expense on income before income taxes was as follows:
 
2018
 
2017
 
2016
U.S. Federal statutory tax rate
21
 %
 
35
 %
 
35
 %
State and local taxes, net of U.S. Federal tax benefit
3

 
2

 
2

Higher (lower) taxes on foreign earnings
2

 
(1
)
 
(2
)
U.S. and foreign taxes on distributed and undistributed foreign earnings
1

 
1

 
1

Domestic production deduction

 
(2
)
 
(1
)
Stock-based compensation
(2
)
 
(2
)
 

Business divestitures with no tax impact

 
4

 

Change in U.S. Federal tax law

 
(2
)
 

Other, net

 
(1
)
 
1

Effective tax rate
25
 %
 
34
 %
 
36
 %

Income taxes paid were $231 million, $258 million and $190 million in 2018, 2017 and 2016, respectively.
A reconciliation of the beginning and ending liability for uncertain tax positions, including related interest and penalties, is as follows, in millions:
 
Uncertain
Tax Positions
 
Interest and
Penalties
 
Total
Balance at January 1, 2017
$
46

 
$
9

 
$
55

Current year tax positions:
 
 
 
 
 
Additions
13

 

 
13

Prior year tax positions:
 
 
 
 
 
Additions
3

 

 
3

Reductions
(1
)
 

 
(1
)
Lapse of applicable statute of limitations
(7
)
 

 
(7
)
Interest and penalties recognized in income tax expense

 
(1
)
 
(1
)
Balance at December 31, 2017
$
54

 
$
8

 
$
62

Current year tax positions:
 
 
 
 
 
Additions
13

 

 
13

Reductions
(1
)
 

 
(1
)
Prior year tax positions:
 
 
 
 
 
Additions
1

 

 
1

Reductions
(1
)
 

 
(1
)
Lapse of applicable statute of limitations
(8
)
 

 
(8
)
Interest and penalties recognized in income tax expense

 
1

 
1

Balance at December 31, 2018
$
58

 
$
9

 
$
67


If recognized, $46 million and $43 million of the liability for uncertain tax positions at December 31, 2018 and 2017, respectively, net of any U.S. Federal tax benefit, would impact our effective tax rate.
Of the $67 million and $62 million total liability for uncertain tax positions (including related interest and penalties) at December 31, 2018 and 2017, respectively, $64 million and $59 million are recorded in other liabilities, respectively, and $3 million is recorded as a net offset to other assets at both December 31, 2018 and 2017.

R. INCOME TAXES (Concluded)
We file income tax returns in the U.S. Federal jurisdiction, and various local, state and foreign jurisdictions. We continue to participate in the Compliance Assurance Process ("CAP"). CAP is a real-time audit of the U.S. Federal income tax return that allows the Internal Revenue Service ("IRS"), working in conjunction with us, to determine tax return compliance with the U.S. Federal tax law prior to filing the return. This program provides us with greater certainty about our tax liability for a given year within months, rather than years, of filing our annual tax return and greatly reduces the need for recording a liability for U.S. Federal uncertain tax positions. The IRS has completed their examination of our consolidated U.S. Federal tax returns through 2017. With few exceptions, we are no longer subject to state or foreign income tax examinations on filed returns for years before 2006.
As a result of tax audit closings, settlements and the expiration of applicable statutes of limitations in various jurisdictions within the next 12 months, we anticipate that it is reasonably possible the liability for uncertain tax positions could be reduced by approximately $9 million.