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Income Taxes
9 Months Ended
Sep. 30, 2012
Income Taxes
Income Taxes
Our effective tax rate was (446.6)% in the third quarter of 2012 as compared to 14.1% in the third quarter of 2011. On a year to date basis, the effective tax rate was (304.5)% in the first nine months of 2012 as compared to 19.0% in the first nine months of 2011. In the third quarter of 2012, our tax rate was lower than in the third quarter of 2011 due to certain one-time discrete items of approximately $50.0 million, the most significant of which was the reversal of a valuation allowance on the majority of our U.S. deferred tax assets. Our year to date tax rate also benefited from other discrete items, including a $1.5 million benefit related to the reversal of the valuation allowance resulting from the sale of the auction rate securities portfolio in the first quarter of the year. In all periods in 2012 and 2011, our tax rate benefited from favorable tax rates on certain foreign business activity as compared to our statutory rate of 35%. We currently project that our annual effective tax rate will approximate 25% for the remainder of 2012.
In 2009, we established a valuation allowance against substantially all of our U.S. deferred tax assets based upon the consideration of all available evidence, both positive and negative, using a “more likely than not” standard.  In 2009, we concluded, due to the presence of recent cumulative losses in the U.S., that a valuation allowance was appropriate against a substantial portion of our deferred tax assets. As of September 30, 2012, we are no longer in, nor are we expecting to be in, a cumulative loss position in the United States for the foreseeable future. Also, we may, in appropriate circumstances, undertake a tax planning strategy to ensure that our deferred tax assets do not expire unutilized. This strategy is based upon our ability to make a tax election to capitalize certain expenses that will result in generating taxable income to allow us to utilize our deferred tax assets before they expire. We would undertake such a strategy to realize these deferred tax assets prior to expiration only if we determined it was reasonable, prudent, and feasible. This, along with other positive evidence, such as our history of positive taxable income, led us to conclude in the third quarter of 2012 that it is more likely than not that we will ultimately be able to realize our deferred tax assets.
The objective of accounting for income taxes is to recognize the amount of taxes payable or refundable for the current year and the deferred tax liabilities and assets for the future tax consequences of events that have been recognized in the entity's financial statements.  We are subject to income taxes in the United States and in numerous foreign jurisdictions.  No provision is made for U.S. income taxes on the undistributed earnings of substantially all of our wholly-owned foreign subsidiaries because such earnings are indefinitely reinvested in those companies. If circumstances change and it becomes apparent that some or all of the undistributed earnings of our wholly-owned foreign subsidiaries will not be indefinitely reinvested, a provision for the tax consequences, if any, will be recorded in the period in which the circumstances change.
Our accounting policy is to account for interest expense and penalties related to uncertain tax positions as income tax expense.  As of September 30, 2012, we have approximately $1.8 million of accrued interest related to uncertain tax positions included in the $18.6 million of unrecognized tax benefits, $11.5 million of which, if recognized, would impact the effective tax rate.
We are subject to numerous tax filings including U.S. Federal, various state and certain foreign jurisdictions.  Currently, the following tax years remain open to the possibility of audit, by jurisdiction - U.S. Federal: 2009 – 2011; various states: 2007 – 2011; and foreign: 2007 – 2011.