(8) INCOME TAXES

Earnings before income taxes and equity in earnings of nonconsolidated subsidiaries are as follows:

	2012		2011		2010

United States	$	248,840	$	134,363	$	78,327
Foreign		110,450		99,394		74,655

	$	359,290	$	233,757	$	152,982

Income tax expense (benefit) consists of:

	2012			2011			2010

Current:
Federal	$	81,000		$	53,005		$	21,900
State		10,342			8,915			3,527
Foreign		32,294			29,287			23,919

		123,636			91,207			49,346

Non-current:		(854	)		(1,655	)		645
Deferred:
Federal		(3,824	)		(4,586	)		5,258
State		(660	)		(1,180	)		686
Foreign		8,204			(79,196	)		(927	)

		3,720			(84,962	)		5,017

	$	126,502		$	4,590		$	55,008

The reconciliations of the statutory federal income tax rate and the effective tax rate follows:



Statutory federal income tax rate	35.0	%	35.0	%	35.0	%
State income taxes, net of federal benefit	1.7		1.5		1.8
Carryforwards, credits and changes in valuation allowances	1.8		(27.7	)	(0.2	)
Foreign tax rate differences	(2.5	)	(2.7	)	(3.4	)
Changes in unrecognized tax benefits	(0.2	)	(0.7	)	0.4
Non-deductible acquisition costs—Delta	—		—		2.3
Domestic production activities deduction	(2.3	)	(2.3	)	(1.3	)
Other	1.7		(1.1	)	1.4

	35.2	%	2.0	%	36.0	%

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. The tax effects of significant items comprising the Company's net deferred income tax liabilities are as follow:

	2012			2011

Deferred income tax assets:
Accrued expenses and allowances	$	18,020		$	16,898
Accrued insurance		1,283			1,572
Tax credit and net operating loss carryforwards		161,348			166,020
Defined benefit pension liability		25,770			17,006
Inventory allowances		4,151			6,262
Accrued warranty		5,463			4,900
Deferred compensation		42,031			34,720

Gross deferred income tax assets		258,066			247,378
Valuation allowance		(120,979	)		(123,522	)

Net deferred income tax assets		137,087			123,856

Deferred income tax liabilities:
Property, plant and equipment		35,756			36,551
Intangible assets		60,134			60,684
Other liabilities		11,198			9,380

Total deferred income tax liabilities		107,088			106,615

Net deferred income tax asset/(liability)	$	29,999		$	17,241

At December 29, 2012 and December 31, 2011, net deferred tax assets of $118,299 and $102,738, respectively, were included in refundable and deferred income taxes ($57,209 at December 29, 2012 and $43,819 at December 31, 2011) and other assets ($61,089 at December 29, 2012 and $58,920 at December 31, 2011). At December 29, 2012 and December 31, 2011, net deferred tax liabilities of $88,300 and $85,497, respectively, are included in deferred income taxes.

In 2011, the company formulated and executed a restructuring plan that resulted in the company being more likely than not to be able to use some of its deferred tax assets. As a result, the company removed valuation allowances with a corresponding decrease in tax expense of $34,402 relating mainly to operating losses and $31,300 relating to defined benefit pension obligation.

Management of the Company has reviewed recent operating results and projected future operating results. The Company's belief that realization of its net deferred tax assets is more likely than not is based on, among other factors, changes in operations that have occurred in recent years and available tax planning strategies. At December 29, 2012 and December 31, 2011 respectively, there were $161,348 and $166,020 relating mainly to operating loss and tax credit carryforwards and $25,770 and $17,006 related to its defined benefit pension obligation.

Valuation allowances have been established for certain operating losses that reduce deferred tax assets to an amount that will, more likely than not, be realized. The deferred tax assets at December 29, 2012 that are associated with tax loss and tax credit carryforwards not reduced by valuation allowances expire in periods starting 2013 through 2027.

Uncertain tax positions included in other non-current liabilities are evaluated in a two-step process, whereby (1) the Company determine whether it is more likely than not that the tax positions will be sustained based on the technical merits of the position and (2) for those tax positions that meet the more likely than not recognition threshold, the Company would recognize the largest amount of tax benefit that is greater than fifty percent likely to be realized upon ultimate settlement with the related tax authority.

The following summarizes the activity related to our unrecognized tax benefits in 2012, 2011 and 2010, in thousands:

	2012			2011

Gross unrecognized tax benefits—beginning of year	$	4,304		$	5,708
Gross increases—tax positions in prior period		37			3
Gross decreases—tax positions in prior period		(3	)		(34	)
Gross increases—current-period tax positions		328			851
Gross increases—acquisitions		—			—
Lapse of statute of limitations		(1,296	)		(2,224	)

Gross unrecognized tax benefits—end of year	$	3,370		$	4,304

There are approximately $1,463 of uncertain tax positions for which reversal is reasonably possible during the next 12 months due to the closing of the statute of limitation. The nature of these uncertain tax positions is generally the computation of a tax deduction or tax credit. In the third quarter of 2011, the Company recorded a reduction of its gross unrecognized tax benefit of $2,224 with $1,446 recorded as a reduction of income tax expense, due to the expiration of statutes of limitation in the United States and Australia. In the third and fourth quarters of 2012, the company recorded a reduction of its gross unrecognized tax benefit of $541 and $756 respectively, with $351 and $491 recorded as a reduction of its income tax expense, due to the expiration of statutes of limitation in the United States and Australia. In addition to these amounts, there was an aggregate of $405 and $413 of interest and penalties at December 29, 2012 and December 31, 2011, respectively. The Company's policy is to record interest and penalties directly related to income taxes as income tax expense in the Consolidated Statements of Earnings.

The Company files income tax returns in the U.S. and various states as well as foreign jurisdictions. Tax years 2009 and forward remain open under U.S. statutes of limitation. Generally, tax years 2008 and forward remain open under state statutes of limitation. The total amount of unrecognized tax benefits that, if recognized, would affect the effective tax rate was $3,164 and $4,098 at December 29, 2012 and December 31, 2011, respectively.

On January 2, 2013, the American Taxpayer Relief Act of 2012 was enacted, which retroactively extended the research and experimentation (R&E) tax credit in the U.S. for two years, from January 1, 2012 through December 31, 2013. Because a change in tax law is accounted for in the period of enactment, the retroactive effect of the Act on the Company's U.S. federal taxes for 2012 of a benefit of approximately $775 will be recognized in the first quarter of 2013.

During 2012 the Company recorded $928 in income tax expense on $3,730 of undistributed earnings of foreign subsidiaries which are not considered permanently invested. Provision has not been made for United States income taxes on a portion of the undistributed earnings of the Company's foreign subsidiaries (approximately $586,198 at December 29, 2012 and $518,887 at December 31, 2011, respectively) because the Company intends to reinvest those earnings. Such earnings would become taxable upon the sale or liquidation of these foreign subsidiaries or upon remittance of dividends. Furthermore, the currency translation adjustments in "Accumulated other comprehensive income (loss)" are not adjusted for income taxes as they relate to indefinite investments in foreign subsidiaries.