Income Tax Matters

Tax Provision. The provision for incomes taxes, for each period presented, consisted of the following:



	Quarter Ended						Nine Months Ended
	September 30,						September 30,
	2011			2010			2011			2010
Domestic	$	1.9		$	2.5		$	10.3		$	8.4
Foreign	(1.2		)	(2.1		)	(0.1		)	(0.7		)
Total	$	0.7		$	0.4		$	10.2		$	7.7

The income tax provision for the nine months ended September 30, 2011 was $10.2, reflecting an effective tax rate of 33.5%. The difference between the effective tax rate and the projected blended statutory tax rate was primarily the result of (i) a decrease in the valuation allowance, due to a change in tax law in the State of Illinois, of $0.8, resulting in a 2.7% decrease in the effective tax rate, (ii) a decrease in unrecognized tax benefits, including interest and penalties, of $0.4, resulting in a 1.5% decrease in the effective tax rate, (iii) a decrease of $0.2 related to a return to provision adjustment, resulting in a 0.7% decrease to the effective tax rate, partially offset by the impact of a non-deductible compensation expense of $0.2, resulting in a 0.5% increase in the effective tax rate.

Deferred Income Taxes. Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.

At December 31, 2010, the Company had $882.6 of net operating loss (“NOL”) carryforwards available to reduce future cash payments for income taxes in the U.S. Of the $882.6 of NOL carryforwards available at December 31, 2010, $1.7 represents excess tax benefits related to the vesting of employee restricted stock which will result in an increase in equity if and when such excess tax benefits are ultimately realized. The NOL carryforwards expire periodically through 2030. The Company also had $31.1 of alternative minimum tax (“AMT”) credit carryforwards with an indefinite life, available to offset regular federal income tax requirements.

To preserve the NOL carryforwards available to the Company, (i) the Company’s certificate of incorporation includes certain restrictions on the transfer of the Company’s common stock and (ii) the Company entered into a stock transfer restriction agreement with the voluntary employees’ beneficiary association (“VEBA”) that provides benefits for certain union retirees, their surviving spouses and eligible dependents (the “Union VEBA”).

In assessing the realizability of deferred tax assets, management considers whether it is “more likely than not” that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers taxable income in carryback years, the scheduled reversal of deferred tax liabilities, tax planning strategies and projected future taxable income in making this assessment. Due to uncertainties surrounding the realization of some of the Company’s deferred tax assets, including state NOLs sustained during the prior years and expiring tax benefits, the Company had a valuation allowance against its deferred tax assets of $19.3 and $20.1 at September 30, 2011 and December 31, 2010, respectively. When recognized, the tax benefits relating to any reversal of this valuation allowance will be recorded as a reduction of income tax expense.

Other. The Company and its subsidiaries file income tax returns in the U.S. federal jurisdiction and various states and foreign jurisdictions. The Canada Revenue Agency audited the Company’s tax returns for fiscal years 1998 through 2001 and issued assessment notices for which Notices of Objection have been filed. In addition, the Canada Revenue Agency has audited the Company’s tax returns for fiscal years 2002 through 2004 and issued assessment notices, resulting in a payment of $7.9 to the Canada Revenue Agency against previously accrued tax reserves in the third quarter of 2009. There is an additional Canadian Provincial income tax assessment of $1.1, including interest, resulting from the audit of the Company’s tax returns for fiscal years 2002 through 2004 that is anticipated to be paid against previously accrued tax reserves in the next 12 months. The Company’s tax returns for certain past years are still subject to examination by taxing authorities, and the use of NOL carryforwards in future periods could trigger a review of attributes and other tax matters in years that are not otherwise subject to examination.

No U.S. federal or state liability has been recorded for the undistributed earnings of the Company’s Canadian subsidiary at September 30, 2011. These undistributed earnings are considered to be indefinitely reinvested. Accordingly, no provision for U.S. federal and state income taxes or foreign withholding taxes has been provided on such undistributed earnings. Determination of the potential amount of unrecognized deferred U.S. income tax liability and foreign withholding taxes is not practicable because of the complexities associated with such hypothetical calculation.

The Company has gross unrecognized benefits relating to uncertain tax positions. If and when such gross unrecognized tax benefits are ultimately recognized, it will be reflected in the Company’s income tax provision and affect the effective tax rate in future periods.

The Company had gross unrecognized tax benefits of $13.8 and $15.0 at September 30, 2011 and December 31, 2010, respectively. The change in gross unrecognized tax benefits during the nine months ended September 30, 2011 was primarily due to a partial release of an unrecognized tax benefit as a result of the expiration of a statute, as well as foreign currency fluctuations and change in tax positions.

In addition, the Company recognizes interest and penalties related to unrecognized tax benefits in the income tax provision. The Company had $6.4 and $6.6 accrued at September 30, 2011 and December 31, 2010, respectively, for interest and penalties. Of these amounts, $0.4 and $0.4 was recorded as current liabilities and included in Other accrued liabilities on the Consolidated Balance Sheets at September 30, 2011 and December 31, 2010, respectively. The Company recognized a decrease in interest and penalties of $0.2 and $0.0 in its tax provision in the nine month periods ended September 30, 2011 and September 30, 2010, respectively.

In connection with the gross unrecognized tax benefits (including interest and penalties) denominated in foreign currency, the Company incurred a foreign currency translation adjustment. During the nine months ended September 30, 2011, the foreign currency impact on such liabilities resulted in a $0.6 currency translation adjustment which was recorded within Other comprehensive income.

The Company expects its gross unrecognized tax benefits to be reduced by $0.7 within the next 12 months.