
15.	INCOME TAXES

Income Tax Expense

Income from continuing operations before income tax expense was as follows (in millions):



	Year Ended December 31,
	2015		2014		2013
U.S. operations	$	5,327	$	4,677	$	3,531
International operations	644		875		445
Income from continuing operations before income tax expense	$	5,971	$	5,552	$	3,976

The following is a reconciliation of income tax expense computed by applying statutory income tax rates as reflected in the table below to actual income tax expense related to continuing operations (in millions):



	Year Ended December 31, 2015
	U.S.			International			Total
Income tax expense at statutory rates	$	1,864		$	92		$	1,956
U.S. state and Canadian provincial tax expense, net of federal income tax effect	45			73			118
Permanent differences:
Manufacturing deduction	(102		)	—			(102		)
Other	(18		)	(5		)	(23		)
Change in tax law	—			(17		)	(17		)
Tax effects of income associated with noncontrolling interests	(39		)	—			(39		)
Other, net	(25		)	2			(23		)
Income tax expense	$	1,725		$	145		$	1,870



	Year Ended December 31, 2014
	U.S.			International		Total
Income tax expense at statutory rates	$	1,637		$	145	$	1,782
U.S. state and Canadian provincial tax expense, net of federal income tax effect	62			71		133
Permanent differences:
Manufacturing deduction	(74		)	—		(74		)
Other	(16		)	1		(15		)
Tax effects of income associated with noncontrolling interests	(28		)	—		(28		)
Other, net	(22		)	1		(21		)
Income tax expense	$	1,559		$	218	$	1,777



	Year Ended December 31, 2013
	U.S.			International			Total
Income tax expense at statutory rates	$	1,236		$	84		$	1,320
U.S. state and Canadian provincial tax expense, net of federal income tax effect	62			24			86
Permanent differences:
Manufacturing deduction	(36		)	—			(36		)
Nontaxable gain on disposition (See Notes 3 and 10)	(114		)	—			(114		)
Other	10			(1		)	9
Change in tax law	(10		)	(22		)	(32		)
Tax effects of income associated with noncontrolling interests	(3		)	—			(3		)
Other, net	44			(20		)	24
Income tax expense	$	1,189		$	65		$	1,254

Statutory income tax rates applicable to the countries in which we operate were as follows:



	Year Ended December 31,
	2015		2014		2013
U.S.	35	%	35	%	35	%
Canada	15	%	15	%	15	%
U.K.	20	%	21	%	23	%
Ireland	13	%	13	%	13	%
Aruba	7	%	7	%	7	%

There was no income tax expense or benefit related to discontinued operations for the years ended December 31, 2015, 2014, and 2013.

Components of income tax expense related to continuing operations were as follows (in millions):



	Year Ended December 31, 2015
	U. S.			International		Total
Current:
Country	$	1,513		$	64	$	1,577
U.S. state / Canadian provincial	85			43		128
Total current	1,598			107		1,705
Deferred:
Country	143			8		151
U.S. state / Canadian provincial	(16		)	30		14
Total deferred	127			38		165
Income tax expense	$	1,725		$	145	$	1,870



	Year Ended December 31, 2014
	U. S.		International		Total
Current:
Country	$	1,196	$	53	$	1,249
U.S. state / Canadian provincial	59		24		83
Total current	1,255		77		1,332
Deferred:
Country	268		94		362
U.S. state / Canadian provincial	36		47		83
Total deferred	304		141		445
Income tax expense	$	1,559	$	218	$	1,777



	Year Ended December 31, 2013
	U. S.		International			Total
Current:
Country	$	635	$	53		$	688
U.S. state / Canadian provincial	36		29			65
Total current	671		82			753
Deferred:
Country	459		(12		)	447
U.S. state / Canadian provincial	59		(5		)	54
Total deferred	518		(17		)	501
Income tax expense	$	1,189	$	65		$	1,254

Deferred Income Tax Assets and Liabilities

The tax effects of significant temporary differences representing deferred income tax assets and liabilities were as follows (in millions):



	December 31,
	2015			2014
Deferred income tax assets:
Tax credit carryforwards	$	33		$	37
Net operating losses (NOLs)	423			436
Inventories	72			160
Compensation and employee benefit liabilities	331			358
Environmental liabilities	80			92
Other	139			178
Total deferred income tax assets	1,078			1,261
Less: Valuation allowance	(435		)	(393		)
Net deferred income tax assets	643			868

Deferred income tax liabilities:
Property, plant, and equipment	6,725			6,682
Deferred turnaround costs	394			356
Inventories	287			426
Investments	226			152
Other	71			73
Total deferred income tax liabilities	7,703			7,689
Net deferred income tax liabilities	$	7,060		$	6,821

We had the following income tax credit and loss carryforwards as of December 31, 2015 (in millions):



	Amount		Expiration
U.S. state income tax credits	$	51	2016 through 2027
U.S. state NOLs (gross amount)	7,302		2016 through 2035
International NOLs	1,465		Unlimited

We have recorded a valuation allowance as of December 31, 2015 and 2014 due to uncertainties related to our ability to utilize some of our deferred income tax assets, primarily consisting of certain U.S. state income tax credits and NOLs, and international NOLs, before they expire. The valuation allowance is based on our estimates of taxable income in the various jurisdictions in which we operate and the period over which deferred income tax assets will be recoverable. During 2015, the valuation allowance increased by $42 million, primarily due to increases in U.S. state NOLs. The realization of net deferred income tax assets recorded as of December 31, 2015 is primarily dependent upon our ability to generate future taxable income in certain U.S. states and international jurisdictions.

Should we ultimately recognize tax benefits related to the valuation allowance for deferred income tax assets as of December 31, 2015, such amounts will be allocated as follows (in millions):



Income tax benefit	$	429
Additional paid-in capital	6
Total	$	435

Deferred income taxes have not been provided on the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and the respective tax bases of our international subsidiaries based on the determination that such differences are essentially permanent in duration in that the earnings of these subsidiaries are expected to be indefinitely reinvested in the international operations. As of December 31, 2015, the cumulative undistributed earnings of these subsidiaries were approximately $3.2 billion. If those earnings were not considered indefinitely reinvested, deferred income taxes would have been recorded after consideration of U.S. foreign tax credits. It is not practicable to estimate the amount of additional tax that might be payable on those earnings, if distributed.

Unrecognized Tax Benefits

The following is a reconciliation of the change in unrecognized tax benefits, excluding related penalties, interest (net of the U.S. federal and state income tax effects), and the U.S. federal income tax effect of state unrecognized tax benefits (in millions):



	Year Ended December 31,
	2015			2014			2013
Balance as of beginning of year	$	989		$	950		$	341
Additions based on tax positions related to the current year	36			35			64
Additions for tax positions related to prior years	83			118			576
Reductions for tax positions related to prior years	(82		)	(67		)	(26		)
Reductions for tax positions related to the lapse of applicable statute of limitations	(3		)	(1		)	(4		)
Settlements	(59		)	(46		)	(1		)
Balance as of end of year	$	964		$	989		$	950

As of December 31, 2015, the balance in unrecognized tax benefits includes $570 million of tax refunds that we intend to claim by amending various of our income tax returns for 2005 through 2015. We intend to propose that incentive payments received from the U.S. federal government for blending biofuels into refined products be excluded from taxable income during these periods. However, due to the complexity of this matter and uncertainties with respect to the interpretation of the Internal Revenue Code, we concluded that the refund claims included in the reconciliation below cannot be recognized in our financial statements. As a result, these amounts are not included in our uncertain tax position liabilities as of December 31, 2015, 2014, and 2013 even though they are reflected in the table above.

The following is a reconciliation of unrecognized tax benefits reflected in the table above to our uncertain tax position liabilities as of December 31, 2015 and 2014 that are reflected in Note 9 (in millions):



	December 31,
	2015			2014
Unrecognized tax benefits	$	964		$	989
Tax refund claim not recognized in our financial statements	(570		)	(554		)
Reduction of deferred tax asset	(28		)	—
Penalties, interest (net of U.S. federal and state income tax effect), and the U.S. federal income tax effect of state unrecognized tax benefits	25			49
Uncertain tax position liabilities	$	391		$	484

As of December 31, 2015 and 2014, there were $757 million and $768 million, respectively, of unrecognized tax benefits that if recognized would affect our annual effective tax rate.

During the years ended December 31, 2015, 2014, and 2013, we recognized $5 million, $2 million, and $12 million, respectively, in penalties and interest, which are reflected within income tax expense. Accrued penalties and interest totaled $117 million and $141 million as of December 31, 2015 and 2014, respectively, excluding the U.S. federal and state income tax effects related to interest.

During the next 12 months, it is reasonably possible that tax audit resolutions could reduce unrecognized tax benefits, excluding interest, by approximately $370 million, either because the tax positions are sustained on audit or because we agree to their disallowance. We do not expect these reductions to have a significant impact on our financial statements because such reductions would not significantly affect our annual effective rate.

Tax Returns Under Audit

As of December 31, 2015, our tax years for 2008 through 2011 were under audit by the IRS. The IRS has proposed adjustments to our taxable income for certain open years. We are protesting the proposed adjustments and do not expect that the ultimate disposition of these adjustments will result in a material change to our financial position, results of operations, or liquidity. We are continuing to work with the IRS to resolve these matters and we believe that they will be resolved for amounts consistent with recorded amounts of unrecognized tax benefits associated with these matters.

During the year ended December 31, 2015, we settled the audits related to our 2004 through 2007 tax years consistent with the recorded amounts of uncertain tax position liabilities associated with those audits.