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Income Taxes
3 Months Ended
Apr. 30, 2011
Income Taxes  
Income Taxes

17. INCOME TAXES

The Company's quarterly provision for income taxes is measured using an estimated annual effective tax rate, adjusted for discrete items that occur within the periods presented. The significant differences that impact the effective tax rate relate to the limitation on the benefit of losses in interim periods, incremental valuation allowances, the difference between the U.S. federal statutory rate and the rates in foreign jurisdictions, investments in affiliates and tax contingencies. Further, changes in the forecasted pre-tax income or loss in certain jurisdictions, the jurisdictional mix of pre-tax income and losses or changes in other facts and circumstances could have a significant impact on the amount of tax and effective tax rate in future fiscal quarters.

For the three months ended April 30, 2011, the Company recorded an income tax provision of $7.4 million, which represents an effective tax rate of 14.9%. The effective tax rate was negative due to the fact that the Company reported income tax expense on a consolidated pre-tax loss. This was primarily attributable to not recording the benefit of losses in certain jurisdictions on an interim basis that are not expected to be realized during the fiscal year or recognizable as a deferred tax asset at the end of the fiscal year.

For the three months ended April 30, 2010, the Company recorded an income tax benefit of $0.4 million, which represents an effective tax rate of 0.4%. The effective tax rate was lower than the U.S. federal statutory rate of 35% primarily due to losses not being benefitted in certain of the Company's federal, state and foreign tax jurisdictions where the Company maintains a valuation allowance against its net deferred tax assets. Further, the benefit of losses in other jurisdictions was offset by withholding taxes and certain tax contingencies recorded in the fiscal quarter.

As required by the authoritative guidance on accounting for income taxes, the Company evaluates the realizability of deferred tax assets on a jurisdictional basis at each reporting date. Accounting for income taxes requires that a valuation allowance be established when it is more-likely-than-not that all or a portion of the deferred tax assets will not be realized. In circumstances where there is sufficient negative evidence indicating that the deferred tax assets are not more-likely-than-not realizable, the Company establishes a valuation allowance. The Company determined that there is sufficient negative evidence to maintain the valuation allowances against certain of the Company's federal, state and foreign deferred tax assets as a result of historical losses in the most recent three-year period in the U.S. and certain state and foreign jurisdictions. The Company intends to maintain a valuation allowance until sufficient positive evidence exists to support its reversal.

The Company regularly assesses the adequacy of the Company's provisions for income tax contingencies in accordance with the applicable authoritative guidance on accounting for income taxes. As a result, the Company may adjust the reserves for unrecognized tax benefits for the impact of new facts and developments, such as changes to interpretations of relevant tax law, assessments from taxing authorities, settlements with taxing authorities, and lapses of statutes of limitation. As of April 30, 2011, the total amount of unrecognized tax benefits that, if recognized, would impact the Company's effective tax rate were approximately $137.9 million. The Company believes that it is reasonably possible that the total amount of unrecognized tax benefits at April 30, 2011 could decrease by approximately $11.6 million in the next twelve months as a result of settlement of certain tax audits or lapses of statutes of limitation. Such decreases may involve the payment of additional taxes, the adjustment of deferred taxes including the need for additional valuation allowances, and the recognition of tax benefits. The Company's income tax returns are subject to ongoing tax examinations in several jurisdictions in which the Company operates. The Company also believes that it is reasonably possible that new issues may be raised by tax authorities or developments in tax audits may occur which would require increases or decreases to the balance of reserves for unrecognized tax benefits. However, an estimate of such changes cannot reasonably be made.

The Company's policy is to include interest and penalties related to unrecognized tax benefits as a component of the provision for income taxes in the condensed consolidated statements of operations. Accrued interest and penalties were $58.3 million and $54.9 million as of April 30, 2011 and January 31, 2011, respectively.