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Uncertain Tax Positions
6 Months Ended
Jun. 30, 2011
Uncertain Tax Positions  
Uncertain Tax Positions

13. Uncertain Tax Positions

As of June 30, 2011, the liability for unrecognized tax benefits, excluding interest and penalties, was $31.8 million, representing an increase of $2.6 million when compared to December 31, 2010. As of June 30, 2010, the liability for unrecognized tax benefits was $51.4 million. As of June 30, 2011 and 2010, the total amount of unrecognized tax benefits that, if recognized, would favorably affect Sotheby's effective tax rate is $15.0 million and $31.6 million, respectively.

Sotheby's believes it is reasonably possible that a decrease of $0.5 million in the balance of unrecognized tax benefits can occur within 12 months of the June 30, 2011 balance sheet date as a result of the expiration of the statute of limitations and an expected settlement of a currently ongoing tax audit.

Sotheby's is subject to taxation in the U.S. and various state and foreign jurisdictions. Years still open for audit are, for federal purposes, from 2007, and for the following major state and local jurisdictions: New York State from 2007; New York City from 2007; and California from 2005. Sotheby's foreign subsidiaries file income tax returns in the countries in which they have operations. Years still open to examination by foreign tax authorities include Hong Kong from 2005 and the U.K. from 2005.

Sotheby's recognizes interest expense and penalties related to unrecognized tax benefits as a component of Income Tax Expense. Sotheby's accrual for such interest and penalties increased by $0.2 million for the six months ended June 30, 2011.

Sotheby's policy is to record interest expense related to sales, value added and other taxes as Interest Expense in its statements of operations. Penalties related to such taxes are recorded as General and Administrative Expenses in its statements of operations. Interest expense and penalties related to income taxes are recorded as a component of Income Tax Expense in Sotheby's statements of operations.