XML 37 R14.htm IDEA: XBRL DOCUMENT  v2.3.0.11
Income Taxes (Text Block)
6 Months Ended
Jun. 30, 2011
Income Tax Disclosure [Abstract]  
Income Taxes [Text Block]
Income Taxes


Our tax provisions (benefits) as a percentage of income (loss) before tax typically differs from the federal statutory rate of 35%, and may vary from period to period, due to fluctuations in the forecasted mix of earnings in domestic and international jurisdictions, new or revised tax legislation and accounting pronouncements, tax credits, state income taxes, adjustments to valuation allowances, and interest expense and penalties related to uncertain tax positions, among other items.


For the three and six months ended June 30, 2011, we had tax provision (benefit) of (0.2)% and 13%, based on a percentage of income before tax, as compared with tax provisions of 29% and 3% for the same periods in 2010.


Our tax provision in 2011 is lower than the federal statutory rate due to projected earnings in tax jurisdictions with rates lower than 35%, the benefit of certain interest expense deductions, a benefit related to the settlement of a foreign tax litigation, and an election under U.S. Internal Revenue Code Sections 338 with respect to a foreign acquisition in 2007.


Our tax provisions in 2010 were the result of certain interest expense deductions and the election under U.S. Internal Revenue Code Section 338 with respect to a foreign acquisition in 2007, as well as the estimated mix of earnings in different tax jurisdictions. The 2010 tax provisions also reflect the receipt of a clean energy manufacturing tax credit awarded as part of the American Recovery and Reinvestment Act and a benefit related to the reduction of tax reserves for certain foreign subsidiaries.


We classify interest expense and penalties related to unrecognized tax liabilities and interest income on tax overpayments as components of income tax expense. The net interest and penalties expense (benefit) recognized is as follows:
 
 
Three Months Ended

June 30,
 
Six Months Ended

June 30,
 
2011
 
2010
 
2011
 
2010
 
(in thousands)
Net interest and penalties expense (benefit)
$
113


 
$
(502
)
 
$
108


 
$
296






Accrued interest and penalties recorded are as follows:


 
June 30, 2011
 
December 31, 2010
 
(in thousands)
Accrued interest
$
4,766


 
$
4,403


Accrued penalties
3,574


 
3,233






Unrecognized tax benefits related to uncertain tax positions and the amount of unrecognized tax benefits that, if recognized, would affect our effective tax rate are as follows:
 
 
June 30, 2011
 
December 31, 2010
 
(in thousands)
Unrecognized tax benefits related to uncertain tax positions
$
29,162


 
$
42,175


The amount of unrecognized tax benefits that, if recognized, would affect our effective tax rate
29,089


 
30,832






At June 30, 2011, we are not able to reasonably estimate the timing of future cash flows relating to our uncertain tax positions.
We believe it is reasonably possible that our unrecognized tax benefits may decrease by approximately $4.4 million within the next twelve months due to the expiration of statute of limitations.