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Income Taxes
9 Months Ended
Sep. 30, 2011
Income Taxes

14. Income Taxes

The effective tax rate for the three months ended September 30, 2011 was 4.4%. The effective tax rate for the nine months ended September 30, 2011 was 22.4%. The effective tax rate in both periods of 2011 was positively impacted by the release of a $3.1 million liability due to the expiration of a contractual obligation related to the transfer of certain intellectual property rights from US to non-US entities. The effective tax rate for the nine months ended September 30, 2011 was also positively impacted by the favorable adjustment of $3.9 million to the Company’s uncertain tax positions, partially offset by a reversal of related deferred tax assets of $1.7 million. The accrual for uncertain tax positions and related deferred tax assets are no longer required as the statute of limitations expired for the tax returns to which they are associated during the nine months ended September 30, 2011. The earnings (losses) of the Company’s foreign entities for the three and nine months ended September 30, 2011 were $(0.2) million and $10.2 million, respectively. The tax rates in the foreign jurisdictions in which the Company operates are less than the Company’s domestic rate, therefore, losses in the foreign jurisdictions will have a negative impact on the Company’s effective tax rate, while earnings in the foreign jurisdictions will have a positive impact on the Company’s effective tax rate.

The effective tax rate for the three months ended September 30, 2010 was 58.3%. The effective tax rate for the nine months ended September 30, 2010 was 98.5%. The effective tax rate in both periods in 2010 were negatively impacted by the Company’s inability to recognize income tax benefits during the period on losses sustained in certain tax foreign jurisdictions where the future utilization of the losses are uncertain, and by the recognition of tax expense associated with the transfer of certain intellectual property rights from U.S. to non-U.S. entities.

 

The Company’s effective tax rate could fluctuate significantly on a quarterly basis and could be adversely affected to the extent earnings are lower in the countries in which it operates that have a lower statutory rate or higher in the countries in which it operates that have a higher statutory rate or the extent it has losses sustained in countries where the future utilization of losses are uncertain. The Company’s effective tax rate could also fluctuate due to changes in the valuation of its deferred tax assets or liabilities, or by changes in tax laws, regulations, accounting principles, or interpretations thereof. In addition, the Company is occasionally subject to examination of its income tax returns by tax authorities in the jurisdictions it operates. The Company regularly assesses the likelihood of adverse outcomes resulting from these examinations to determine the adequacy of its provision for income taxes.

The amount of unrecognized tax benefits for uncertain tax positions was $3.9 million as of September 30, 2011 and $8.4 million as of December 31, 2010, excluding related liabilities for interest and penalties of $2.2 million as of September 30, 2011 and December 31, 2010.

The Company believes it is reasonably possible that the total amount of unrecognized tax benefits will decrease within the next 12 months by approximately $2.7 million, due to the settlement of various audits and the expiration of statutes of limitation.