EX-99 2 form8k10212004b.txt PRESS RELEASE DATED 10/21/2004 Contact: Barbara B. Lucas Senior Vice President Public Affairs 410-716-2980 Mark M. Rothleitner Vice President Investor Relations and Treasurer 410-716-3979 FOR IMMEDIATE RELEASE: Thursday, October 21, 2004 Subject: Court Rules in Black & Decker's Favor in Tax Case Towson, MD - The Black & Decker Corporation (NYSE: BDK) today announced that the United States District Court of Maryland has granted the Corporation's motion for summary judgment on its complaint against the United States Internal Revenue Service and the related IRS counterclaim. The Corporation had filed a complaint against the IRS seeking refunds of approximately $57 million, plus interest, and the IRS subsequently filed a counterclaim relating to the disallowance of certain capital loss deductions. As previously disclosed in the Corporation's filings with the Securities and Exchange Commission, should the IRS prevail in its disallowance of these capital loss deductions and imposition of related interest, it would result in a cash outflow by the Corporation of approximately $140 million. In its opinion, the Court ruled in the Corporation's favor that the capital losses cannot be disallowed by the IRS. The IRS can appeal this decision, in which event a final resolution of the case may not occur until 2005 or later. (more) Page Two This release includes forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. By their nature, all forward-looking statements involve risks and uncertainties. For a more detailed discussion of the risks and uncertainties that may affect Black & Decker's operating and financial results and its ability to achieve the financial objectives discussed in this press release, interested parties should review the "Forward-Looking Statements" sections in Black & Decker's reports filed with the Securities and Exchange Commission, including the Annual Report on Form 10-K for the fiscal year ended December 31, 2003. Black & Decker is a leading global manufacturer and marketer of power tools and accessories, hardware and home improvement products, and technology-based fastening systems. # # #