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Income Taxes
12 Months Ended
Dec. 31, 2013
Income Taxes [Abstract]  
Income Taxes
(9)Income Taxes

Income before income taxes consists of the following:

 
 
December 31,
 
 
 
2013
  
2012
  
2011
 
 
 
  
  
 
Domestic
 
$
23,068
  
$
13,525
  
$
3,749
 
International
  
21,939
   
17,843
   
16,188
 
Total
 
$
45,007
  
$
31,368
  
$
19,937
 

The provision for income taxes consist of the following provisions/(benefits):

 
 
December 31,
 
 
 
2013
  
2012
  
2011
 
Current:
 
  
  
 
Federal
 
$
630
  
$
(177
)
 
$
(196
)
State
  
15
   
4
   
45
 
International
  
5,980
   
8,525
   
7,074
 
 
  
6,625
   
8,352
   
6,923
 
Deferred:
            
Federal
 
$
7,014
  
$
(36,287
)
 
$
204
 
International
  
1,093
   
(3,926
)
  
(925
)
 
  
8,107
   
(40,213
)
  
(721
)
Total
 
$
14,732
  
$
(31,861
)
 
$
6,202
 

The provision/(benefit) for income taxes differs from the statutory federal income tax rate of 35% for 2013, 2012 and 2011 as follows:

 
 
December 31,
 
 
 
2013
  
2012
  
2011
 
 
 
  
  
 
Income tax provision at U.S federal statutory rate
 
$
15,752
  
$
10,979
  
$
6,978
 
Effect of foreign income taxed at rates other than the U.S. federal statutory rate
  
242
   
(451
)
  
469
 
Foreign income inclusions
  
-
   
4,563
   
8,398
 
Tax credits
  
(250
)
  
(177
)
  
(196
)
Changes in tax laws
  
(1,155
)
  
(1,329
)
  
-
 
Indefinite-lived intangibles
  
-
   
-
   
204
 
Net change in valuation allowance
  
(97
)
  
(45,105
)
  
(9,546
)
Other
  
240
   
(341
)
  
(105
)
Total
 
$
14,732
  
$
(31,861
)
 
$
6,202
 

Foreign income inclusions represent distributions from foreign subsidiaries which gave rise to newly recognized foreign tax credits. The Company utilized fully valued foreign tax credits, alternative minimum tax credits, and research and experimentation tax credits in 2012, prior to the release of the domestic valuation allowance and fully valued foreign tax credits in 2011 to completely offset any tax impact of the foreign income inclusions. Net change in the valuation allowance in 2012 includes the fourth quarter benefit of $36,287 for the release of the domestic valuation allowance, the reduction in the domestic valuation allowance, prior to the release, for the utilization of fully valued tax credits to offset U.S. income tax and deferred tax amounts of $8,660, and the reduction in the foreign valuation allowance of $158.

The components of deferred tax assets and liabilities as of December 31, 2013 and 2012 relate to temporary differences and carryforwards as follows:

 
 
December 31,
 
 
 
2013
  
2012
 
Deferred tax assets:
 
  
 
Inventory
 
$
2,510
  
$
2,263
 
Legal and related reserves
  
260
   
100
 
Foreign tax credit carryforwards
  
31,463
   
35,410
 
Environmental
  
2,995
   
850
 
Net capital loss carryforwards (domestic)
  
31
   
31
 
Net operating loss carryforwards (foreign)
  
944
   
902
 
Employee benefits
  
12,841
   
17,977
 
Restructuring
  
239
   
334
 
Research & experimentation tax credit carryforwards
  
1,900
   
1,681
 
Alternative minimum tax credit carryforwards
  
2,773
   
2,604
 
Property, plant and equipment
  
3,843
   
4,228
 
Other
  
3,507
   
4,553
 
Total gross deferred tax assets
  
63,306
   
70,933
 
Valuation allowance
  
(29,890
)
  
(29,941
)
Total deferred tax assets
 
$
33,416
  
$
40,992
 
 
        
Deferred tax liabilities:
        
Property, plant and equipment
  
(9,059
)
  
(6,523
)
Intangibles and other
  
(9,856
)
  
(9,510
)
Unremitted foreign earnings
  
(568
)
  
(541
)
Foreign tax allocation reserve
  
(2,006
)
  
(2,544
)
Other
  
(2,187
)
  
(2
)
Total deferred tax liabilities
 
$
(23,676
)
 
$
(19,120
)
 
        
Net deferred tax asset / (liability)
 
$
9,740
  
$
21,872
 
 
        
 
        
Classified as follows in the consolidated balance sheet:
        
Current deferred tax asset (included in other current assets)
  
2,874
   
1,469
 
Non-current deferred tax asset
  
19,799
   
30,786
 
Current deferred tax liability (included in other current liabilities)
  
(98
)
  
-
 
Non-current deferred tax liability
  
(12,835
)
  
(10,383
)
 
 
$
9,740
  
$
21,872
 

The Company establishes a valuation allowance against deferred tax assets when it is more likely than not that the Company will be unable to realize those deferred tax assets in the future. In 2003, the Company’s assessment of the need for a valuation allowance against domestic deferred tax assets considered current and past performance, cumulative losses in recent years from domestic operations, and a shift in the geographic mix of forecasted income. Considering the pattern of then-recent domestic losses, the Company gave significant weight to projections showing future domestic losses for purposes of assessing the need for a valuation allowance. This assessment resulted in a determination that it was more likely than not that domestic deferred tax assets would not be realized, and as such, a valuation allowance against net domestic deferred tax assets was recorded.

A sustained period of domestic profitability along with expectations of future domestic profitability of sufficient amounts and character was required before the Company concluded that it was more likely than not that the domestic deferred tax assets would be realized, and as such, that there was no longer the need for a full valuation allowance against net domestic deferred tax assets. During 2012, the Company concluded that its three-year cumulative domestic profitability through the end of 2012 and expectations of future domestic profitability warranted the reversal of all of the domestic valuation allowance attributable to net federal temporary differences, alternative minimum tax credits, and research and experimentation tax credits. Additionally, the Company released a portion of the domestic valuation allowance attributable to federal foreign tax credits. These valuation allowance releases resulted in a tax benefit to continuing operations of $36,287.

The Company expects to maintain a partial valuation allowance against its domestic federal foreign tax credits, subject to the consideration of all prudent and feasible tax planning strategies, until such time as the Company attains an appropriate level of future domestic profitability of the appropriate character and in the appropriate taxable years and is able to conclude that it is more likely than not that some portion of the domestic federal foreign tax credits against which the valuation allowance is recorded are realizable. It is possible that additional domestic valuation allowance attributable to federal foreign tax credits could be released in the future. The Company currently expects to maintain a full valuation allowance against state tax credits and deferred tax assets due to restrictive rules regarding realization. The Company expects to maintain a full valuation allowance against certain foreign tax assets, primarily NOL carryforwards, until such time as the Company attains an appropriate level of future profitability in the appropriate jurisdictions and is able to conclude that it is more likely than not that its foreign deferred tax assets are realizable.

The domestic valuation allowance for the years ended December 31, 2013, 2012 and 2011 decreased $3, decreased $47,490 and increased $304, respectively. The 2013 decrease in the domestic valuation allowance is due to domestic state items. The 2012 decrease in the domestic valuation allowance was allocated as follows: The valuation allowance decreased $36,287 for the release of valuation allowance due to domestic profitability, decreased by a net amount of $8,660 for domestic income and deferred tax amounts in continuing operations prior to the release of valuation allowance in the fourth quarter of 2012, and decreased by a net amount of $2,543 for domestic gains and losses included in OCI and discontinued operations. The 2011 increase in the domestic valuation allowance was allocated as follows: The valuation allowance decreased $9,340 for domestic income in continuing operations and increased by a net amount of $9,644 for deferred tax amounts, domestic gains and losses included in OCI and discontinued operations.

The foreign valuation allowance for the years ended December 31, 2013, 2012 and 2011 decreased $48, $140, and $582, respectively. The 2013 decrease in the foreign valuation allowance was allocated as follows: The valuation allowance decreased $94 for foreign income and increased $46 for deferred tax amounts and currency translation adjustments included in OCI. The 2012 decrease in the foreign valuation allowance was allocated as follows: The valuation allowance decreased $158 for foreign income and increased $18 for deferred tax amounts and currency translation adjustments included in OCI. The 2011 decrease in the foreign valuation allowance was allocated as follows: The valuation allowance decreased $206 for foreign income and decreased $376 for deferred tax amounts and currency translation adjustments included in OCI.

Under the tax laws of the various jurisdictions in which the Company operates, NOLs may be carried forward or back, subject to statutory limitations, to reduce taxable income in future or prior years. Foreign NOLs are approximately $3,356, of which $2,090 are attributable to NOLs acquired during 2010. NOLs in most foreign jurisdictions will carry forward indefinitely.

As of December 31, 2013, $31,463 of domestic federal foreign tax credits, $1,900 of research and experimentation tax credits and $2,773 of alternative minimum tax credits are available as credits against future U.S. income taxes on worldwide income, subject to certain limitations. Under U.S. tax laws, these will expire in 2013 through 2018, 2020 through 2033, and the alternative minimum tax credit carryforwards have no expiration date, respectively. The domestic federal foreign tax credits are partially offset by a valuation allowance.

In 2012, the Company repatriated $8,953 of cash from its foreign subsidiaries in order to reduce its credit and currency exposure for cash held in foreign currencies or in non-U.S. banks and utilized the excess cash for debt reduction. The Company utilized fully valued domestic tax credits in 2012 to completely offset any tax impact of the foreign income inclusion. Historically, the Company intended to reinvest foreign earnings indefinitely outside of the U.S. and only considered repatriating excess cash from foreign subsidiaries if it could utilize fully valued domestic tax attributes to completely offset any tax expense that would otherwise result. Unrecognized foreign tax credits and fully valued foreign tax credit carryovers had been available to offset any potential U.S. tax liability. Therefore, the Company had not provided U.S. federal or state income taxes or foreign withholding taxes on its undistributed earnings from foreign operations prior to 2012. During the fourth quarter of 2012 the Company completed a detailed forecast of foreign source income by jurisdiction as part of the ongoing process to evaluate its valuation allowance against deferred tax assets. As part of this process, as well as a continuing desire to limit its credit and currency exposure related to cash held in foreign currencies or in non-U.S. banks, the Company determined that it is likely that a portion of the undistributed earnings of its foreign subsidiaries will be repatriated to the U.S. in the future. Accordingly, the Company changed its indefinite reinvestment assertion and has provided a deferred tax liability of $568 on undistributed foreign earnings as of December 31, 2013. Subject to limitations, U.S. income tax on such foreign earnings, when actually repatriated, may be reduced or eliminated by unrecognized foreign tax credits that may be generated in connection with the repatriation, or by existing foreign tax credits or other tax attributes for which a valuation allowance was released in the fourth quarter of 2012. The Company monitors available evidence and management’s plans for foreign earnings and expects to continue to provide deferred tax expense based on the tax liability that would be due upon repatriation of amounts not considered permanently reinvested.

The following table summarizes the activity related to the Company’s unrecognized tax benefits as of December 31, 2013, 2012 and 2011:

 
 
2013
  
2012
  
2011
 
 
 
  
  
 
Balance at January 1
 
$
3,967
  
$
4,328
  
$
4,085
 
Gross increases related to current period tax positions
  
257
   
348
   
317
 
Gross (decreases)/increases related to prior period tax positions
  
(427
)
  
(483
)
  
95
 
Expirations of statute of limitations for the assessment of taxes
  
(37
)
  
(113
)
  
(38
)
Settlements
  
-
   
(175
)
  
-
 
Foreign currency translation
  
162
   
62
   
(131
)
Balance at December 31
 
$
3,922
  
$
3,967
  
$
4,328
 

Of the total balance of unrecognized tax benefits at December 31, 2013, $3,922, if recognized, would affect the effective tax rate.

Gross interest and penalties at December 31, 2013, 2012 and 2011 of $5,005, $4,511 and $3,427, respectively, related to the above unrecognized tax benefits are not reflected in the table above. In 2013, 2012 and 2011, the Company accrued $219, $985 and $328, respectively, of interest and penalties in the income statement. Consistent with prior periods, the Company recognizes interest and penalties within its income tax provision.

Tax years 2007 and forward in the U.S. are open to examination by the IRS. The Company is also subject to examinations in its non-U.S. jurisdictions for 2008 and later years.

The Company is also subject to audits in various states for various years in which it has filed income tax returns. Previous state audits have resulted in immaterial adjustments. In the majority of states where the Company files, the Company is subject to examination for tax years 2009 and forward.

In 2009, a subsidiary of the Company was examined by a European tax authority, which challenged the business purpose of the deductibility of certain intercompany transactions from 2003 and issued formal assessments against the subsidiary. In 2010, the Company filed to litigate the matter. The first court date, which pertained to the smaller of the assessments, was held in 2011, after which the court issued its ruling in favor of the Company. The tax authorities appealed this ruling and the appeals court again ruled in the Company’s favor in 2012. The first court date for the larger of the assessments was held in September 2012 and the court issued rulings in favor of the Company in June 2013 and December 2013. In 2013, the Company increased its reserve for unrecognized tax benefits for this matter by $450, including $279 of foreign currency translation. Any ruling reached by any of the courts may be subject to further appeals, and as such the final date of resolution of this matter is uncertain at this time. However, within the next twelve months it is possible that factors such as new developments, settlements or judgments may require the Company to increase its reserve for unrecognized tax benefits by up to approximately $8,000 or decrease its reserve by approximately $6,400, including penalties and interest. If the court rules against the Company in subsequent court proceedings, a payment for the amount of the judgment, including any penalties and interest, will be due immediately while the case is appealed. The Company has analyzed these issues in accordance with guidance on uncertain tax positions and believes at this time that its reserves are adequate, and intends to vigorously defend itself.

In the next twelve months, other than as noted above, the Company may increase its reserve for unrecognized tax benefits for intercompany transactions and acquired tax attributes by approximately $500. This could affect the effective tax rate.