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Income Taxes
12 Months Ended
Dec. 31, 2010
INCOME TAXES

20. INCOME TAXES

INCOME TAX PROVISION

The following table summarizes the expense for income taxes on continuing operations, for the years ended December 31, 2010, 2009 and 2008:

   December 31,
   2010 2009 2008
           
   (in millions)
 Federal:         
  Current $ (8) $ 3 $ 12
  Deferred   (118)   (160)   72
 State:         
  Current   1   -   (1)
  Deferred   (19)   (10)   (10)
 Foreign:         
  Current   699   552   611
  Deferred   41   195   35
 Total $ 596 $ 580 $ 719

EFFECTIVE AND STATUTORY RATE RECONCILIATION

The following table summarizes a reconciliation of the U.S. statutory federal income tax rate to the Company's effective tax rate, as a percentage of income from continuing operations before taxes for the years ended December 31, 2010, 2009 and 2008:

   December 31,
   2010 2009 2008
 Statutory Federal tax rate 35% 35% 35%
 State taxes, net of Federal tax benefit  (2)   (1)   - 
 Taxes on foreign earnings  (6)   (5)   (4) 
 Valuation allowance  3   -   3 
 Gain (loss) on sale of businesses  4   (3)   (13) 
 Chilean withholding tax reversals  (3)   -   - 
 Taxes on cash repatriation  -   -   6 
 Other - net  -   (1)   1 
 Effective tax rate 31% 25% 28%

The current income taxes receivable and payable are included in Other Current Assets and Accrued and Other Liabilities, respectively, on the accompanying Consolidated Balance Sheets. The noncurrent income taxes receivable and payable are included in Other Assets and Other Long-Term Liabilities, respectively, on the accompanying Consolidated Balance Sheets. The following table summarizes the income taxes receivable and payable as of December 31, 2010 and 2009:

   December 31,
   2010 2009
        
   (in millions)
 Income taxes receivable - current $ 520 $ 434
 Income taxes receivable - noncurrent   21   22
 Total income taxes receivable $ 541 $ 456
        
 Income taxes payable - current $ 701 $ 508
 Income taxes payable - noncurrent   8   11
 Total income taxes payable $ 709 $ 519

DEFERRED INCOME TAXES—Deferred income taxes reflect the net tax effects of (a) temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes and (b) operating loss and tax credit carryforwards. These items are stated at the enacted tax rates that are expected to be in effect when taxes are actually paid or recovered.  

As of December 31, 2010, the Company had federal net operating loss carryforwards for tax purposes of approximately $1.7 billion expiring in years 2023 to 2029. Approximately $68 million of the net operating loss carryforward related to stock option deductions will be recognized in additional paid-in capital when realized. The Company also had federal general business tax credit carryforwards of approximately $18 million expiring primarily from 2020 to 2030, and federal alternative minimum tax credits of approximately $5 million that carryforward without expiration. The Company had state net operating loss carryforwards as of December 31, 2010 of approximately $3.5 billion expiring in years 2016 to 2031. As of December 31, 2010, the Company had foreign net operating loss carryforwards of approximately $4.6 billion that expire at various times beginning in 2011 and some of which carryforward without expiration, and tax credits available in foreign jurisdictions of approximately $37 million, $3 million of which expire in 2011 to 2013, $15 million of which expire in 2014 to 2021 and $19 million of which carryforward without expiration.

Valuation allowances decreased $336 million during 2010 to $1.3 billion at December 31, 2010. This net decrease was primarily the result of the removal of valuation allowances against deferred tax assets at foreign subsidiaries.

Valuation allowances increased $261 million during 2009 to $1.7 billion at December 31, 2009. This net increase was primarily the result of an increase in foreign net operating loss carryforwards that required full offsetting valuation allowances.

The Company believes that it is more likely than not that the net deferred tax assets as shown below will be realized when future taxable income is generated through the reversal of existing taxable temporary differences and income that is expected to be generated by businesses that have long-term contracts or a history of generating taxable income. The Company continues to monitor the utilization of its deferred tax asset for its U.S. consolidated net operating loss carryforward. Although management believes it is more likely than not that this deferred tax asset will be realized through generation of sufficient taxable income prior to expiration of the loss carryforwards, such realization is not assured.

The following table summarizes the deferred tax assets and liabilities, as of December 31, 2010 and 2009:

   December 31,
   2010 2009
        
   (in millions)
 Differences between book and tax basis of property $ 1,246 $ 1,694
 Cumulative translation adjustment   94   (200)
 Other taxable temporary differences   392   310
 Total deferred tax liability   1,732   1,804
        
 Operating loss carryforwards   (1,655)   (1,697)
 Capital loss carryforwards   (93)   (107)
 Bad debt and other book provisions   (543)   (561)
 Retirement costs   (315)   (283)
 Tax credit carryforwards   (60)   (68)
 Other deductible temporary differences   (413)   (426)
 Total gross deferred tax asset   (3,079)   (3,142)
 Less: valuation allowance   1,334   1,670
 Total net deferred tax asset   (1,745)   (1,472)
 Net deferred tax (asset)/liability $ (13) $ 332

The Company considers undistributed earnings of certain foreign subsidiaries to be indefinitely reinvested outside of the United States and, accordingly, no U.S. deferred taxes have been recorded with respect to such earnings in accordance with the relevant accounting guidance for income taxes. Should the earnings be remitted as dividends, the Company may be subject to additional U.S. taxes, net of allowable foreign tax credits. It is not practicable to estimate the amount of any additional taxes which may be payable on the undistributed earnings.

Income from operations in certain countries is subject to reduced tax rates as a result of satisfying specific commitments regarding employment and capital investment. The Company's income tax benefits related to the tax status of these operations are estimated to be $60 million, $35 million and $23 million for the years ended December 31, 2010, 2009 and 2008, respectively. The per share effect of these benefits after noncontrolling interests was $0.07, $0.04 and $0.03 for the year ended December 31, 2010, 2009 and 2008, respectively.

The following table summarizes the income (loss) from continuing operations, before income taxes, net equity in earnings of affiliates and noncontrolling interests, for the years ended December 31, 2010, 2009 and 2008:

   December 31,
   2010 2009 2008
           
   (in millions)
 U.S.  $ (517) $ (1,015) $ (460)
 Non-U.S.    2,431   3,331   2,993
 Total $ 1,914 $ 2,316 $ 2,533

UNCERTAIN TAX POSITIONS

Uncertain tax positions have been classified as noncurrent income tax liabilities unless expected to be paid in one year. The Company's policy for interest and penalties related to income tax exposures is to recognize interest and penalties as a component of the provision for income taxes in the Consolidated Statements of Operations.

As of December 31, 2010 and 2009, the total amount of gross accrued income tax related interest included in the Consolidated Balance Sheets was $12 million and $21 million, respectively. The total amount of gross accrued income tax related penalties included in the Consolidated Balance Sheets as of December 31, 2010 and 2009 was $4 million and $5 million, respectively.

The total expense (benefit) for interest related to unrecognized tax benefits for the years ended December 31, 2010, 2009 and 2008 amounted to $(10) million, $4 million and $2 million, respectively. For the years ended December 31, 2010, 2009 and 2008, the total expense (benefit) for penalties related to unrecognized tax benefits amounted to $(1) million, $0 million and $(2) million, respectively.

We are potentially subject to income tax audits in numerous jurisdictions in the U.S. and internationally until the applicable statute of limitations expires. Tax audits by their nature are often complex and can require several years to complete. The following is a summary of tax years potentially subject to examination in the significant tax and business jurisdictions in which we operate:

 Jurisdiction Tax Years Subject to Examination
    
 Argentina 2004-2010
 Brazil 2005-2010
 Cameroon 2007-2010
 Chile 1998-2010
 Colombia 2008-2010
 El Salvador 2007-2010
 United Kingdom 1999-2010
 United States (Federal) 1994-2010

As of December 31, 2010, 2009 and 2008, the total amount of unrecognized tax benefits was $437 million, $511 million and $555 million, respectively. The total amount of unrecognized tax benefits that would benefit the effective tax rate as of December 31, 2010, 2009 and 2008 is $412 million, $484 million and $527 million, respectively, of which $51 million, $55 million and $131 million, respectively, would be in the form of tax attributes that would warrant a full valuation allowance.

The total amount of unrecognized tax benefits anticipated to result in a net decrease to unrecognized tax benefits within 12 months of December 31, 2010 is estimated to be between $4 million and $8 million.

The following is a reconciliation of the beginning and ending amounts of unrecognized tax benefits for the years ended December 31, 2010, 2009 and 2008:

   2010 2009 2008
           
   (in millions)
 Balance at January 1 $ 511 $ 555 $ 590
 Additions for current year tax positions   14   72   6
 Additions for tax positions of prior years   51   7   80
 Reductions for tax positions of prior years   (46)   (9)   (26)
 Effects of foreign currency translation   (3)   6   (74)
 Settlements   (67)   (104)   (18)
 Lapse of statute of limitations   (23)   (16)   (3)
 Balance at December 31 $ 437 $ 511 $ 555

The amount of settlements of uncertain tax positions in 2009 was primarily the result of a non-cash audit settlement for $105 million at a Brazilian subsidiary which resulted in no tax expense or benefit.

The Company and certain of its subsidiaries are currently under examination by the relevant taxing authorities for various tax years. The Company regularly assesses the potential outcome of these examinations in each of the taxing jurisdictions when determining the adequacy of the amount of unrecognized tax benefit recorded. While it is often difficult to predict the final outcome or the timing of resolution of any particular uncertain tax position, we believe we have appropriately accrued for our uncertain tax benefits. However, audit outcomes and the timing of audit settlements and future events that would impact our previously recorded unrecognized tax benefits and the range of anticipated increases or decreases in unrecognized tax benefits are subject to significant uncertainty. It is possible that the ultimate outcome of current or future examinations may exceed our provision for current unrecognized tax benefits in amounts that could be material, but cannot be estimated as of December 31, 2010. Our effective tax rate and net income in any given future period could therefore be materially impacted.