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INCOME TAXES
9 Months Ended
Sep. 30, 2011
INCOME TAXES [Abstract] 
Income Tax Disclosure [Text Block]
INCOME TAXES

We evaluate our estimated annual effective income tax rate on a quarterly basis based on current and forecasted operating results and tax laws. The estimated annual effective tax rate is adjusted quarterly based upon actual results and updated operating forecasts; consequently, based upon the mix and timing of our actual earnings compared to annual projections, our effective tax rate may vary quarterly and may make quarterly comparisons not meaningful. A tax expense or benefit unrelated to the current year income or loss is recognized in its entirety as a discrete item of tax in the period identified. The quarterly income tax provision is generally comprised of tax on income or tax benefit on loss at the most recent estimated annual effective tax rate, adjusted for the effect of discrete items.

The effective tax rate for continuing operations for the three and nine months ended 2011 was 38.4% and 33.9% (provisions on income), respectively, compared to 66.5% (discrete benefit on income) and 32.9% (provision on income) for the three and nine months ended 2010, respectively. The effective tax rate for the nine months ended 2011 and 2010 differs from the statutory rate primarily due to net permanent deductions, largely percentage depletion, decreasing the tax provision on pretax income. During the three months ended 2010, we recorded a net discrete tax benefit of $1.6 million due to a reduction of our deferred tax rate which reduced our net deferred tax liability. The rate excluding discrete items for the three months ended 2010 was 25.4% (provision on income). The rate for the three months ended 2011 did not include any material discrete items. However, for reasons noted above, a comparison of the quarter-over-quarter rates would not be meaningful.

As of September 30, 2011, we had a gross liability for unrecognized tax benefits of $0.4 million compared to $1.1 million at December 31, 2010. If recognized, all of this liability would affect our effective tax rate. This liability is reflected in other accrued expenses on our accompanying balance sheet. In June 2011, the Internal Revenue Service ("IRS") completed its examination of our 2007, 2008 and 2009 tax years. During the nine months ended 2011, we reduced our liability by $0.6 million for uncertain tax benefits that were resolved without change by the completion of the IRS examination and reduced the liability by $0.1 million due to the expiration of the statute of limitations related to another tax position. During the three months ended 2011, we decreased the liability by $0.2 million due to a change in estimate for tax positions of the current year. We expect our remaining liability for uncertain tax positions to decrease by $0.2 million in the next 12 months as a remaining uncertain tax position is reviewed under the IRS Compliance Assurance Process ("CAP") program.

As of the date of this filing, we are current with our income tax filings in all applicable state jurisdictions and currently have no state income tax returns in the process of examination.