(8) INCOME TAXES

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

	2013		2012		2011

United States	$	338,163	$	248,840	$	134,363
Foreign		111,254		110,450		99,394


	$	449,417	$	359,290	$	233,757

Income tax expense (benefit) consists of:

	2013			2012			2011

Current:
Federal	$	110,847		$	81,000		$	53,005
State		16,398			10,342			8,915
Foreign		39,285			32,294			29,287


		166,530			123,636			91,207


Non-current:		1,392			(854	)		(1,655	)
Deferred:
Federal		(8,661	)		(3,824	)		(4,586	)
State		(307	)		(660	)		(1,180	)
Foreign		(1,173	)		8,204			(79,196	)


		(10,141	)		3,720			(84,962	)


	$	157,781		$	126,502		$	4,590

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	2.4		1.7		1.5
Carryforwards, credits and changes in valuation allowances	0.9		1.8		(27.7	)
Foreign tax rate differences	(2.4	)	(2.5	)	(2.7	)
Changes in unrecognized tax benefits	0.3		(0.2	)	(0.7	)
Domestic production activities deduction	(2.1	)	(2.3	)	(2.3	)
Other	1.0		1.7		(1.1	)


	35.1	%	35.2	%	2.0	%

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 follows:

	2013			2012

Deferred income tax assets:
Accrued expenses and allowances	$	17,038		$	18,020
Accrued insurance		1,508			1,283
Tax credits and loss carryforwards		146,473			161,348
Defined benefit pension liability		30,879			25,770
Inventory allowances		3,938			4,151
Accrued warranty		6,552			5,463
Deferred compensation		51,413			42,031


Gross deferred income tax assets		257,801			258,066
Valuation allowance		(107,767	)		(120,979	)


Net deferred income tax assets		150,034			137,087


Deferred income tax liabilities:
Property, plant and equipment		36,657			35,756
Intangible assets		57,787			60,134
Other liabilities		7,206			11,198


Total deferred income tax liabilities		101,650			107,088


Net deferred income tax asset/(liability)	$	48,384		$	29,999

Deferred income tax assets (liabilities) are presented as follows on the Consolidated Balance Sheets:

Balance Sheet Caption	2013			2012

Refundable and deferred income taxes	$	57,344		$	57,209
Other assets		69,964			61,090
Deferred income taxes		(78,924	)		(88,300	)


Net deferred income tax asset/(liability)	$	48,384		$	29,999

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 28, 2013 and December 29, 2012 respectively, there were $146,473 and $161,348 relating to tax credits and loss carryforwards and $30,879 and $25,770 related to the defined benefit pension obligation.

Valuation allowances have been established for certain losses that reduce deferred tax assets to an amount that will, more likely than not, be realized. The deferred tax assets at December 28, 2013 that are associated with tax loss and tax credit carryforwards not reduced by valuation allowances expire in periods starting 2014 through 2028.

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 2013 and 2012, in thousands:

	2013			2012

Gross unrecognized tax benefits—beginning of year	$	3,370		$	4,304
Gross increases—tax positions in prior period		1,464			37
Gross decreases—tax positions in prior period		—			(3	)
Gross increases—current-period tax positions		1,336			328
Lapse of statute of limitations		(1,443	)		(1,296	)


Gross unrecognized tax benefits—end of year	$	4,727		$	3,370

There are approximately $639 of uncertain tax positions for which reversal is reasonably possible during the next 12 months due to the closing of the statute of limitations. The nature of these uncertain tax positions is generally the computation of a tax deduction or tax credit. During 2013, the Company recorded a reduction of its gross unrecognized tax benefit of $1,443 with $938 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 $314 and $405 of interest and penalties at December 28, 2013 and December 29, 2012, 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 2010 and forward remain open under U.S. statutes of limitation. Generally, tax years 2009 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 $4,491 and $3,164 at December 28, 2013 and December 29, 2012, 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 $750 was recognized in the first quarter of 2013.

On September 13, 2013, the US Treasury and IRS issued final Tangible Property Regulations ("TPR") under IRC Section 162 and IRC Section 263(a). The regulations are not effective until tax years beginning on or after January 1, 2014; however, certain portions may require a tax method change on a retroactive basis, thus requiring a IRC Section 481(a) adjustment related to fixed and real asset deferred taxes. The accounting rules under ASC 740 treat the release of the regulations as a change in tax law as of the date of issuance and require the Company to determine whether there will be an impact on its financial statements for the period ended December 28, 2013. Any such impact of the final tangible property regulations would affect temporary deferred taxes only and result in a balance sheet reclassification between current and deferred taxes. The Company has analyzed the expected impact of the TPR on the Company and concluded that the expected impact is minimal. The Company will continue to monitor the impact of any future changes to the TPR on the Company prospectively.

During 2013 the Company recorded $1,326 in income tax expense on $8,572 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 $644,290 at December 28, 2013 and $586,198 at December 29, 2012, 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.