
16.	INCOME TAXES

Income Tax Expense

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



	Year Ended December 31,
	2014		2013		2012
U.S. operations	$	4,677	$	3,531	$	4,015
International operations	875		445		725
Income from continuing operations before income tax expense	$	5,552	$	3,976	$	4,740

The following is a reconciliation of income tax expense computed by applying the U.S. federal statutory income tax rate (35 percent for all years presented) to actual income tax expense related to continuing operations (in millions):



	Year Ended December 31,
	2014			2013			2012
Federal income tax expense at the U.S. federal statutory rate	$	1,943		$	1,392		$	1,659
U.S. state income tax expense, net of U.S. federal income tax effect	62			62			64
U.S. manufacturing deduction	(74		)	(36		)	(33		)
International operations	(88		)	(69		)	(96		)
Permanent differences	(16		)	(104		)	20
Change in tax law	—			(32		)	—
Other, net	(50		)	41			12
Income tax expense	$	1,777		$	1,254		$	1,626

The variation in the customary relationship between income tax expense and income from continuing operations before income tax expense for the year ended December 31, 2014 was primarily due to an increase in income from continuing operations from our international operations that was taxed at statutory rates that are lower than in the U.S. and an increase in our U.S. manufacturing deduction. The variation in the customary relationship between income tax expense and income from continuing operations before income tax expense for the year ended December 31, 2013 was primarily due to the $325 million nontaxable gain on the disposition of our retained interest in CST as described in Notes 3 and 11.

There was no income tax expense or benefit related to discontinued operations for the years ended December 31, 2014, 2013, and 2012.

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



	Year Ended December 31,
	2014		2013			2012
Current:
U.S. federal	$	1,196	$	635		$	515
U.S. state	59		36			22
International	77		82			126
Total current	1,332		753			663

Deferred:
U.S. federal	268		459			854
U.S. state	36		59			77
International	141		(17		)	32
Total deferred	445		501			963
Income tax expense	$	1,777	$	1,254		$	1,626

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,
	2014			2013
Deferred income tax assets:
Tax credit carryforwards	$	37		$	48
Net operating losses (NOLs)	436			338
Inventories	160			264
Property, plant, and equipment	—			8
Compensation and employee benefit liabilities	358			178
Environmental liabilities	92			92
Other	178			187
Total deferred income tax assets	1,261			1,115
Less: Valuation allowance	(393		)	(347		)
Net deferred income tax assets	868			768

Deferred income tax liabilities:
Property, plant, and equipment	6,682			6,536
Deferred turnaround costs	356			331
Inventories	426			310
Investments	152			94
Other	73			81
Total deferred income tax liabilities	7,689			7,352
Net deferred income tax liabilities	$	6,821		$	6,584

We had the following income tax credit and loss carryforwards as of December 31, 2014 (in millions):



	Amount		Expiration
U.S. state income tax credits	$	53	2015 through 2027
U.S. state NOLs (gross amount)	6,574		2015 through 2034
International NOLs	1,630		Unlimited

We have recorded a valuation allowance as of December 31, 2014 and 2013 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 2014, the valuation allowance increased by $46 million, primarily due to increases in U.S. state NOLs. The realization of net deferred income tax assets recorded as of December 31, 2014 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, 2014, such amounts will be allocated as follows (in millions):



Income tax benefit	$	386
Additional paid-in capital	7
Total	$	393

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, 2014, the cumulative undistributed earnings of these subsidiaries were approximately $2.9 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,
	2014			2013			2012
Balance as of beginning of year	$	950		$	341		$	326
Additions based on tax positions related to the current year	35			64			11
Additions for tax positions related to prior years	118			576			40
Reductions for tax positions related to prior years	(67		)	(26		)	(36		)
Reductions for tax positions related to the lapse of applicable statute of limitations	(1		)	(4		)	—
Settlements	(46		)	(1		)	—
Balance as of end of year	$	989		$	950		$	341

The reconciliation of the change in unrecognized tax benefits for the year ended December 31, 2013 includes $556 million of additions for tax positions primarily related to prior years for tax refunds that we intend to claim by amending our income tax returns for 2005 through 2012. 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, 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, 2014 and 2013 that are reflected in Note 10 (in millions):



	December 31,
	2014			2013
Unrecognized tax benefits	$	989		$	950
Tax refund claim not recognized in our financial statements	(554		)	(556		)
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	49			49
Uncertain tax position liabilities	$	484		$	443

As of December 31, 2014 and 2013, there were $768 million and $763 million, respectively, of unrecognized tax benefits that if recognized would affect our annual effective tax rate. During the next 12 months, it is reasonably possible that tax audit resolutions could reduce unrecognized tax benefits, excluding interest, by $133 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.

Penalties and interest, which are reflected within income tax expense, were immaterial for the year ended December 31, 2014. During the years ended December 31, 2013 and 2012, we recognized $12 million and $23 million, respectively, in penalties and interest. Accrued penalties and interest totaled $141 million and $145 million as of December 31, 2014 and 2013, respectively, excluding the U.S. federal and state income tax effects related to interest.

Tax Returns Under Audit

As of December 31, 2014, our tax years for 2004 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.

In December 2014, we paid the final IRS assessment for our tax years 2002 and 2003 and closed the audit related to all proposed adjustments. The amount paid was consistent with the recorded amount of unrecognized tax benefits associated with that audit.