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Income Taxes
9 Months Ended
Sep. 30, 2013
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
In the third quarter of 2013, we recorded tax expense of $54 million on income before income taxes of $249 million. For the first nine months of 2013, we recorded tax expense of $136 million on income before income taxes of $555 million. Income tax expense for the first nine months of 2013 was favorably impacted by $5 million due primarily to recently enacted law changes. In the third quarter of 2012, we recorded tax expense of $53 million on income before income taxes of $186 million. Income tax expense in the third quarter of 2012 was unfavorably impacted by $4 million due primarily to an enacted tax law change. For the first nine months of 2012, we recorded tax expense of $164 million on income before income taxes of $408 million. Income tax expense for the first nine months of 2012 was unfavorably impacted by $10 million of various discrete items.
We record taxes based on overall estimated annual effective tax rates. In addition to the discrete items noted above, the difference between our effective tax rate and the U.S. statutory rate was primarily attributable to continuing to maintain a full valuation allowance against our net Federal and State deferred tax assets.
At January 1, 2013, we had unrecognized tax benefits of $82 million that if recognized, would have a favorable impact on our tax expense of $70 million. We had accrued interest of $20 million as of January 1, 2013. If not favorably settled, $24 million of the unrecognized tax benefits and all of the accrued interest would require the use of our cash. It is reasonably possible that our total amount of unrecognized tax benefits may change during the next 12 months. However, we do not expect these changes to have a significant impact on our financial position or results of operations.
Generally, years from 2007 onward are still open to examination by foreign taxing authorities. We are open to examination in Germany from 2006 onward and in the United States for 2012.