Management’s Discussion and Analysis of Financial Condition and Results of Operations 35
At December 31, 2004, we had $93 million of deferred tax assets and $1.9 billion
of deferred tax liabilities. Except for certain New Jersey state net operating losses
and certain other New Jersey state deferred tax assets, we believe that it is more 
likely than not that our deferred tax assets are fully realizable because of the future
reversal of existing taxable temporary differences and future projected taxable
income. The valuation allowance at December 31, 2004 related to the New Jersey
deferred tax assets was $6 million.
Our income tax returns are subject to examination by the Internal Revenue Service
(“IRS”) and other tax authorities. While positions taken in tax returns are some-
times subject to uncertainty in the tax laws, we do not take such positions unless we
have “substantial authority” to do so under the Internal Revenue Code and applicable
regulations. We may take positions on our tax returns based on substantial authority
that are not ultimately accepted by the IRS.
We assess such potential unfavorable outcomes based on the criteria of Statement of
Financial Accounting Standards No. 5, “Accounting for Contingencies” (“SFAS 5”).
We establish a tax reserve if an unfavorable outcome is probable and the amount of
the unfavorable outcome can be reasonably estimated. We assess the potential out-
comes of tax uncertainties on a quarterly basis. In determining whether the proba-
ble criterion of SFAS 5 is met, we presume that the taxing authority will focus on
the exposure and we assess the probable outcome of a particular issue based upon
the relevant legal and technical merits. We also apply our judgment regarding the
potential actions by the tax authorities and resolution through the settlement process.
We maintain required tax reserves until such time as the underlying issue is
resolved. When actual results differ from reserve estimates, we adjust the income tax
provision and our tax reserves in the period resolved. For tax years that are exam-
ined by taxing authorities, we adjust tax reserves in the year the tax examinations
are settled. For tax years that are not examined by taxing authorities, we adjust tax
reserves in the year that the statute of limitations expires. Our estimate of the
potential outcome for any uncertain tax issue is highly judgmental, and we believe
we have adequately provided for any reasonable and foreseeable outcomes related to
uncertain tax matters.
In December 2002, we settled the IRS audit of the Company’s 1995 and 1996 tax
returns, which did not result in a material impact on our results of operations or
financial position. During 2003, we filed amended returns for tax years subsequent
to 1996 to reflect the impact of the IRS audits of the 1993 through 1996 tax years
on those subsequent years. In the fourth quarter of 2003, the statutes of limitations
expired for the 1997 through 1999 tax years, resulting in a reduction of our tax
reserves of $13 million and a corresponding reduction in our provision for income
taxes. In the third quarter of 2004, the statute of limitations expired for our 2000
tax return, resulting in a reduction of our tax reserves of $6 million and a corre-
sponding reduction in our provision for income taxes. Subsequent to December 31,
2004, we received notice that the IRS will audit our 2001 and 2002 tax returns,
and the tax returns for years after 2002 are subject to possible future examination.
We classify reserves for tax uncertainties within “other accrued liabilities” in the
accompanying consolidated balance sheets, separate from any related income tax
payable or deferred income taxes. Reserve amounts may relate to the deductibility
of an item, as well as potential interest associated with those items.
A portion of our tax reserves was assumed in the Mirage Acquisition. The IRS audit
of the tax returns of Mirage through the merger date was settled in August 2003,