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Income Taxes
9 Months Ended
Oct. 31, 2010
Income Taxes  
Income Taxes

17. INCOME TAXES

The Company's quarterly provision for income taxes is measured using an 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 difference between the U.S. federal statutory rate and the rates in foreign jurisdictions, incremental valuation allowances, investments in affiliates and tax contingencies.

For the nine months ended October 31, 2010, the Company recorded an income tax provision of $49.5 million, which represents an effective tax rate of (58.4%). For the nine months ended October 31, 2009, the Company recorded an income tax provision of $17.7 million, which represents an effective tax rate of (12.6%).

The effective tax rates were negative due to the fact that the Company reported income tax expense on a consolidated pre-tax loss. The Company did not record an income tax benefit on the losses for the period, primarily because it maintains a valuation allowance against certain of its U.S. and foreign net deferred tax assets. The tax provision for the period is comprised of income tax expense recorded in non-loss jurisdictions, withholding taxes, and certain tax contingencies recorded in the nine months ended October 31, 2010 and 2009.

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 October 31, 2010, the total amount of unrecognized tax benefits that, if recognized, would impact the Company's effective tax rate were approximately $111.4 million. The Company believes that it is reasonably possible that the total amount of unrecognized tax benefits as of October 31, 2010 could decrease by approximately $4.7 million in the twelve months period following such date 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 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. The Company recorded $2.1 million and $3.1 million of interest and penalties related to uncertain tax positions in its provision for income taxes for the three months ended October 31, 2010 and 2009, respectively. Accrued interest and penalties were $52.2 million and $46.2 million as of October 31, 2010 and January 31, 2010, respectively.