Notes to Consolidated Financial Statements

Note 18 - Income Taxes

The provision (benefit) for income taxes from continuing operations consists of the following:

    Years Ended December 31,
(In millions)   2003   2002   2001
Current tax provision            
U.S. federal $ -   12.0   3.5
State   1.0   3.1   3.5
Foreign   24.5   25.8   23.9
    25.5   40.9   30.9
Deferred tax provision (benefit)            
U.S. federal   (8.6)   2.1   3.4
State   20.4   (4.1)   (4.1)
Foreign   18.4   1.5   (5.1)
    30.2   (0.5)   (5.8)
  $ 55.7   40.4   25.1

The U.S. federal current income tax provisions on continuing operations in 2002 and 2001 are offset by U.S federal current tax benefits included in the loss from discontinued operations.

The tax benefit for compensation expense related to the exercise of certain employee stock options for tax purposes in excess of compensation expense for financial reporting purposes is recognized as an adjustment to shareholders’ equity.

The components of the net deferred tax asset are as follows:

    December 31,
(In millions)   2003   2002
Deferred tax assets        
Accounts receivable $ 6.8   10.9
Postretirement benefits other than pensions   178.2   164.3
Pension liabilities   35.4   49.4
Multi-employer pension plan withdrawal liabilities   18.2   12.2
Workers’ compensation and other claims   47.3   45.9
Deferred revenue   58.0   54.4
Other assets and liabilities   149.9   138.8
Net operating loss carryforwards   53.2   54.1
Alternative minimum tax credits   63.3   52.5
Subtotal   610.3   582.5
Valuation allowances   (38.5)   (9.8)
Total deferred tax assets   571.8   572.7
Deferred tax liabilities        
Property and equipment, net   116.2   80.0
Prepaid pension assets   5.5   3.8
Other prepaid assets   19.1   17.9
VEBA   36.8   6.4
Other assets and miscellaneous   46.4   63.2
Total deferred tax liabilities   224.0   171.3
Net deferred tax asset $ 347.8   401.4
Included in:        
Current assets $ 91.7   81.3
Noncurrent assets   282.7   349.3
Current liabilities, included in accrued liabilities   (0.1)   (0.8)
Noncurrent liabilities   (26.5)   (28.4)
Net deferred tax asset $ 347.8   401.4

The valuation allowances relate to deferred tax assets in certain state and non-U.S. jurisdictions. Based on the Company’s historical and expected future taxable earnings, management believes it is more likely than not that the Company will realize the benefit of the existing deferred tax assets, net of valuation allowances, at December 31, 2003.

The following table accounts for the difference between the actual tax provision from continuing operations and the amounts obtained by applying the statutory U.S. federal income tax rate of 35% in 2003, 2002 and 2001 to the income from continuing operations before income taxes.

    Years Ended December 31,
(In millions)   2003   2002   2001
Income from continuing operations before income taxes:            
United States $ 10.1   61.9   (6.6)
Foreign   63.8   47.9   70.0
Total $ 73.9   109.8   63.4
Tax provision computed at statutory rate $ 25.9   38.4   22.2
Increases (reductions) in taxes due to:            
Adjustments to the valuation allowances   27.9   1.5   1.3
Federal benefit for increase in valuation allowance on state deferred tax assets   (5.9)   -   -
State income taxes (net of federal tax benefit exclusive of valuation allowance)   2.9   (0.7)   (0.4)
Goodwill amortization   -   -   2.1
Difference between total taxes on foreign income and the U.S. federal statutory rate   0.6   1.5   (1.5)
Taxes provided on undistributed earnings of foreign equity affiliates   3.7   -   -
Changes in accrual for tax contingencies   (6.7)   (3.4)   -
Adjustment of deferred tax accounts   5.0   1.6   -
Other   2.3   1.5   1.4
Actual tax provision from continuing operations $ 55.7   40.4   25.1

The Company’s income tax provision in 2003 includes $22.0 million of expense related to fourth quarter adjustments to valuation allowances for certain state and foreign deferred tax assets, net of the federal benefit of recording valuation allowances on state deferred tax assets. The valuation allowances were required due to the Company’s assessment that these assets did not meet the more-likely-than-not recognition criteria of SFAS No. 109.

Adjustments were made to the Company’s deferred tax assets and liabilities in 2003 based on an analysis completed in 2003. In 2003 and 2002, the Company also reversed contingency accruals related to favorable settlements of issues relating primarily to the Company’s U.S. federal tax returns.

As of December 31, 2003, the Company has not recorded U.S. federal deferred income taxes on $224.3 million of undistributed earnings of its foreign subsidiaries and equity affiliates. It is expected that these earnings will either be permanently reinvested in operations outside the U.S. or, if repatriated, will be substantially offset by tax credits. If the earnings were remitted to the U.S. and no credits were available, additional U.S. tax expense of $78.5 million would ultimately be recognized.

The Company’s U.S. entities file a consolidated U.S. federal income tax return.

As of December 31, 2003, the Company had $63.3 million of alternative minimum tax credits available to offset future U.S. federal income taxes and, under current tax law, the carryforward period for these credits is unlimited.

The tax benefit of net operating loss carryforwards as of December 31, 2003 was $53.2 million and related to U.S. federal and various state and foreign taxing jurisdictions. The gross amount of the net operating losses was $250.6 million as of December 31, 2003. The expiration periods primarily range from 5 years to an unlimited period.

The Company and its subsidiaries are subject to tax examinations in various U.S. and foreign jurisdictions. While it is difficult to predict the final outcome of the various issues that arise during an examination, the Company believes that it has adequately provided for all contingent income tax liabilities and interest.