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Income Taxes
9 Months Ended
Sep. 30, 2011
Income Taxes
Note 15 – Income Taxes

Our effective tax rate was 15.2% and 30.7%, respectively, for the three month periods ended September 30, 2011 and September 30, 2010, and was 20.7% and 25.0%, respectively, for the nine month periods ended September 30, 2011 and 2010, as compared with the statutory rate of 35.0%.  In the three month period ended September 30, 2011, our tax rate also benefited from certain discrete items, including the settlement of tax matters in foreign jurisdictions, as well as, certain adjustments related to the filing of our 2010 U.S. federal tax return.  In the respective nine month periods ended September 30, 2011 and 2010, our tax rate continued to benefit from favorable tax rates on certain foreign business activity.

In 2009, we established a valuation allowance against substantially all of our U.S. deferred tax asset based upon the consideration of all available evidence, both positive and negative, using a “more likely than not” standard.  As of September 30, 2011, we have concluded, based on this standard, that a valuation allowance is still appropriate against a significant portion of our U.S. deferred tax assets.

Our accounting policy is to account for interest expense and penalties related to uncertain tax positions as income tax expense.  As of September 30, 2011, we have approximately $1.4 million of accrued interest related to uncertain tax positions included in the $17.9 million of unrecognized tax benefits, $10.6 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 foreign jurisdictions.  Currently, the following tax years remain open to the possibility of audit, by jurisdiction - U.S. Federal: 2008 – 2010; various states: 2006 – 2010; and foreign: 2006 – 2010.