Income Taxes

Effective Tax Rate

The table below provides a reconciliation of income tax benefit computed at the federal statutory income tax rate to the income tax benefit:



	Three Months Ended June 30,						Six Months Ended June 30,
(in millions)	2012			2011			2012			2011
Loss from continuing operations before income taxes	$	(203	)	$	(88	)	$	(375	)	$	(151	)
Benefit for income taxes at federal statutory rate of 35%	$	(71	)	$	(30	)	$	(131	)	$	(53	)
Increase (decrease) in income tax from
State tax-net of federal benefit	(6		)	(4		)	(21		)	(9		)
Production tax credits, net	(17		)	(18		)	(36		)	(36		)
Taxes on income allocated to noncontrolling interests	(5		)	(1		)	(4		)	(1		)
Other	—			(4		)	2			(3		)
Total benefit for income taxes from continuing operations	$	(99	)	$	(57	)	$	(190	)	$	(102	)
Effective tax rate	49		%	65		%	51		%	68		%

Tax Dispute

The Internal Revenue Service examination phase of tax years 2003 through 2006 was completed in the fourth quarter of 2010, which included a proposed adjustment related to EME. The EME-related proposed adjustment increases the taxable gain on the 2004 sale of EME's international assets, which if sustained, would result in a federal tax payment of approximately $196 million, including interest and penalties through June 30, 2012 (the Internal Revenue Service has asserted a 40% penalty for understatement of tax liability related to this matter). Edison International disagrees with the proposed adjustment and filed a protest with the Internal Revenue Service in the first quarter of 2011. The disputed tax matter is currently being considered in appeals.

Tax Election at Homer City

On March 15, 2012, Homer City made an election to be treated as a partnership for federal and state income tax purposes. As a result of this election, Homer City is treated for tax purposes as distributing its assets and liabilities to its partners, both of which are wholly owned subsidiaries of EME, and triggering tax deductions of approximately $1 billion. Such tax deductions will be included in Edison International's 2011 consolidated tax returns and EME will be allocated the benefit for the deductions under the tax-allocation agreements.

Deferred Taxes

At June 30, 2012, EME had recognized $961 million of income tax benefits related to federal tax credit carryforwards, federal net operating loss carryforwards and state net operating loss carryforwards, including the federal and state tax deductions related to the change in tax classification at Homer City. For further information, see Note 1—Summary of Significant Accounting Policies—Liquidity and Restructuring Activities.