Income Taxes Level 1 (Notes)

3 Months Ended

Mar. 31, 2012

Income Taxes [Abstract]

Income Tax Disclosure [Text Block]

Income Taxes

Income tax expense during interim periods is based on our estimated annual effective income tax rate plus any discrete items which are recorded in the period in which they occur. Discrete items include, among others, such events as changes in estimates due to the finalization of tax returns, tax audit settlements, expiration of statute of limitations, and increases or decreases in valuation allowances on deferred tax assets. Our effective tax rate was 32.4% and 37.6% for the three months ended March 31, 2012 and 2011, respectively. The effective tax rate of 32.4% for the first quarter of 2012 was below the 35% federal statutory tax rate due to the benefits associated with the settlement of a tax audit discussed below and foreign jurisdictions taxed at different rates, which is partially offset by state tax expense.

Internal Revenue Service Settlement

Our affiliate SCI Funeral and Cemetery Purchasing Cooperative ("COOP"), is a corporation taxed under subchapter T of the United States Internal Revenue code, the operation of which has resulted in the deferral of tax payments. The Internal Revenue Service (IRS), in connection with its audits of the COOP's 2003 - 2005 federal income tax returns, proposed adjustments that would accelerate amounts that the Company had previously deferred and would result in the payment of interest on those deferred amounts. We reached a settlement with the IRS on March 28, 2012 and as a result the Company will make a one-time payment of approximately $6.3 million in the second quarter of 2012. Our tax expense for the first quarter was reduced by approximately $3.3 million for adjustments to our "unrecognized tax benefits" – that is, the aggregate tax effect of differences between tax return positions and the benefits recognized in our financial statements, and other tax matters.

Unrecognized Tax Benefits

We had previously recorded an unrecognized tax benefit and accrued interest for the exposure pertaining to the IRS audit settlement described above. As of March 31, 2012, the gross amount of our unrecognized tax benefits was $146.7 million and the gross amount of our accrued interest was $39.2 million. During the first quarter, our unrecognized tax benefit and gross accrued interest decreased by $9.6 million and $2.6 million respectively, due primarily to the IRS audit settlement.

A number of years may elapse before particular tax matters, for which we have unrecognized tax benefits, are audited and finally settled. While we have effectively settled our 2003 - 2005 tax years with respect to our affiliate the COOP, SCI and Subsidiaries' tax years 2003 - 2005 remain under review at the IRS Appeals level and SCI and Subsidiaries' tax years 1999 - 2002 remain under review at the IRS Examination level. Various state and foreign jurisdictions are auditing years through 2009. The outcome of each of these audits cannot be predicted at this time. It is reasonably possible that the amount of our unrecognized tax benefits could significantly increase or decrease over the next twelve months either because we prevail on positions or because the tax authorities prevail. Due to the uncertainty regarding the timing of completion of audits and possible outcomes, a current estimate of the range of increases or decreases that may occur within the next twelve months cannot be made.