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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes [Abstract]  
Income Taxes
(8)  
Income Taxes

Total income tax expense (benefit) for the years ended December 31 was comprised of the following:

   
2011
Restated
  
2010
Restated
  
2009
Restated
 
Continuing operations
 $20,786  $20,302  $5,363 
Discontinued operations
  (597)  (735)  175 
    20,189   19,567   5,538 
             

Income from continuing operations before income taxes and income (loss) from affiliates and joint ventures was comprised of the following:

   
2011
Restated
  
2010
Restated
  
2009
Restated
 
Income from continuing operations before income taxes and income (loss) from affiliates and joint ventures:
         
Domestic
 $53,803  $43,590  $16,272 
Foreign
  21,446   17,079   20,763 
    75,249   60,669   37,035 
             
 
The components of the provision for income taxes attributable to income from continuing operations before income taxes and income (loss) from affiliates and joint ventures for the years ended December 31 consisted of:

   
2011
Restated
  
2010
Restated
  
2009
Restated
 
Provision (benefit) for income taxes:
         
Federal:
         
Current
 $5,167  $7,406  $(1,683)
Deferred
  6,420   2,077   3,710 
State:
            
Current
  2,958   2,420   428 
Deferred
  376   35   257 
Foreign:
            
Current
  7,974   7,343   4,179 
Deferred
  (2,109)  1,021   (1,528)
    20,786   20,302   5,363 
             

The tax effects of temporary differences that gave rise to significant portions of the deferred tax assets and liabilities as of December 31 were as follows:

   
2011
Restated
  
2010
Restated
 
Deferred tax assets attributable to:
      
Accounts receivable
 $1,107  $1,345 
Inventories
  1,701   2,513 
Employee benefit plans
  25,638   19,070 
Accrued liabilities
  534   763 
Employee incentive plans
  1,305   - 
Tax credit carryforwards
  7,208   3,029 
Available-for-sale securities
  2,759   - 
Other
  734   6,265 
Total deferred tax assets
  40,986   32,985 
Deferred tax liabilities attributable to:
        
Plant and equipment
  (17,593)  (10,910)
Land and mineral reserves
  (13,492)  (16,774)
Joint ventures
  (1,797)  (1,541)
Available-for-sale securities
  -   (1,035)
Intangible assets
  (1,692)  (694)
Other
  (550)  - 
Total deferred tax liabilities
  (35,124)  (30,954)
          
Valuation allowances
  (6,750)  (3,932)
          
Net deferred tax asset (liability)
  (888)  (1,901)
         

We believe it is more likely than not that the net deferred tax assets above will be realized in the normal course of business.
 
The following analysis reconciles the U.S. statutory federal income tax rate to the effective tax rates related to income from continuing operations before income taxes and equity income (loss) of affiliates and joint ventures:

   
2011
Restated
  
2010
Restated
  
2009
Restated
 
   
Amount
  
Percent
of Pretax
Income
  
Amount
  
Percent
of Pretax
Income
  
Amount
  
Percent
of Pretax
Income
 
Provision for income taxes at
                  
U.S. statutory rates
 $26,337   35.0% $21,234   35.0% $12,962   35.0%
Increase (decrease) in taxes resulting from:
                        
Percentage depletion
  (4,900)  -6.5%  (3,870)  -6.4%  (3,257)  -8.8%
State taxes, net of federal benefit
  2,185   2.9%  1,546   2.6%  754   2.0%
Foreign tax rates
  (1,045)  -1.4%  (924)  -1.5%  (4,356)  -11.7%
Change in reserve for tax uncertainties
  (710)  -0.9%  64   0.1%  (2,741)  -7.4%
Audit settlement
  (118)  -0.1%  -   0.0%  2,083   5.6%
Discrete items related to foreign tax filings
  (210)  -0.3%  178   0.3%  -   0.0%
Foreign tax credits
  (2,359)  -3.1%  (2,178)  -3.6%  (879)  -2.4%
Changes to valuation allowance
  (216)  -0.3%  3,354   5.6%  28   0.1%
Tax from foreign disregarded entities
  262   0.3%  1,358   2.2%  142   0.4%
Other
  1,560   2.0%  (460)  -0.8%  627   1.7%
    20,786   27.6%  20,302   33.5%  5,363   14.5%
                         
 
Percentage Depletion

Depletion deductions are federal income tax deductions that arise from extracting minerals from the ground. There are two methods of calculating depletion: cost depletion and percentage depletion. Cost depletion deduction is similar to depreciation in that it allows us to recover the cost of an asset over the resources' productive life. Percentage depletion deduction is computed on the basis of the income from the property rather than capitalization costs. It is different from depreciation and cost depletion deductions, however, in that percentage depletion deduction is a permanent book to tax difference, whereas depreciation and cost depletion deductions are temporary in nature. Hence, percentage depletion deduction affects the effective tax rate whereas deprecation and cost depletion deductions do not. We calculate depletion under the percentage depletion method based upon revenues and costs from our mining activities in the U.S.

Tax on Reinvested Earnings

We have not provided for United States federal income tax and foreign income withholding taxes on approximately $113,646 and $121,620 of undistributed earnings from international subsidiaries as of December 31, 2011 and 2010, respectively, because such earnings are intended to be reinvested indefinitely outside of the U.S. If these earnings were distributed, foreign tax credits may become available under current law to reduce or eliminate the resulting income tax liability in the United States.

Tax Holidays

We have benefitted from tax holidays in both Poland and Thailand as a result of our locating and investing in special economic zones in each country. These tax holidays resulted in reductions to our income tax expense of $106, $464 and $1,559 in 2011, 2010 and 2009, respectively, representing benefits of $0.00, $0.01 and $0.05 to diluted earnings per share in 2011, 2010 and 2009, respectively.
 
Our agreement with the Polish tax authorities expired in 2010. This agreement made us eligible, based on certain terms and conditions, for a tax holiday exemption for all income tax activities through 2009. We continue to pursue other opportunities in an effort to minimize income tax within the country.
 
Our agreement with the Thai tax authorities provides for tax holidays on several investments. The most significant tax exemption is on all income from manufacturing operations (distributed goods are still subject to taxation) related to our initial investment. These initial manufacturing activities were taxable at 50% in years 2006 through 2010. An additional tax holiday was granted in 2007 for the expansion of our Thai facility. Income generated from this expansion is granted a 100% tax holiday from corporate income tax for eight (8) years beginning in 2007 and then taxable at 50% for five (5) years starting in 2015. We attempt to modify and obtain tax concessions when possible.

Exams

In the normal course of business, we are subject to examination by tax authorities throughout the world. With few exceptions, we are no longer subject to income tax examinations by tax authorities for years prior to 2004. The United States Internal Revenue Service ("IRS") has examined our federal income tax returns for all open years through 2009.

NOLs and Credit Carryforwards

At December 31, 2011, we have $1,793 of various income tax credits, which we expect to utilize within the ten year carryforward period. We have foreign and state net operating loss carryovers that have resulted in a deferred tax asset of $3,345 at December 31, 2011, against which we have recorded a full valuation allowance as it is more likely than not that we will not be able to utilize the loss in the carryforward period.

Unrecognized Tax Benefits

The following table summarizes the activity related to our unrecognized tax benefits:

   
2011
Restated
  
2010
Restated
  
2009
Restated
 
Balance at beginning of the year
 $810  $705  $5,146 
Increases related to prior year tax positions
  -   105   120 
Increases related to current year tax positions
  -   -   319 
Decreases related to the expiration of statue of limitation / settlement of audits
  (810)  -   (4,880)
Balance at the end of the year
  -   810   705 
             

We report penalties and interest relating to uncertain tax positions within the income tax expense line item within our consolidated statement of operations.