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Corning 2007 Annual Report

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6. Income Taxes (continued)<br />

SFAS No. 109 provides that deferred tax assets are to be reduced by a valuation allowance if, based on the weight of available<br />

positive and negative evidence, it is more likely than not (a likelihood of greater than 50 percent) that some portion or all of the<br />

deferred tax assets will not be realized. SFAS No. 109 further requires that in assessing the realizability of deferred tax assets,<br />

objective evidence (e.g. actual, historical information) should be given greater weight than subjective evidence (e.g. the outlook for<br />

future profitability). The valuation allowance should be sufficient to reduce the deferred tax assets to the amount that is more likely<br />

than not to be realized.<br />

In both 2006 and <strong>2007</strong>, we generated income from continuing operations in the U.S. The tax expense on such income was fully offset<br />

by the tax benefit of releasing a portion of the valuation allowance to reflect the realization of deferred taxes resulting from the<br />

generation of U.S. income. The impact of the release of the valuation allowances, and thus not recording tax expense on income<br />

generated in the U.S., is a reduction in our effective tax rate of 14.2% for both <strong>2007</strong> and 2006.<br />

We continue to provide a full valuation allowance against all of our U.S. deferred tax assets as of December 31, <strong>2007</strong> because we do<br />

not believe it is more likely than not that we will be able to generate in the future sufficient levels of profitability in the U.S. to realize<br />

some or all of the deferred tax assets. U.S. profits of approximately $8.3 billion dollars would be required to fully realize the deferred<br />

tax assets as of December 31, <strong>2007</strong>. Of that amount, $4.2 billion of U.S. profits would be required over the next 19 years to fully<br />

realize the deferred tax assets associated with federal net operating loss carry forwards. Our evaluation of the realizability of our<br />

deferred tax assets is inherently subjective and is based on our analysis and weighting of all positive and negative evidence available<br />

to us. This evaluation includes estimates and assumptions about a number of market, execution and economic variables. Our judgment<br />

as of December 31, <strong>2007</strong> has been formed based on these variables which include:<br />

• We had a taxable loss in the U.S. in 2005 and, absent nonrecurring items, we would have also had a taxable loss in the U.S. in<br />

2006. <strong>2007</strong> is the only year in the last three years in which we have generated income in the U.S. when considering only recurring<br />

items.<br />

• Although our consolidated net income has reached record levels, we have continued to incur losses or have generated only<br />

marginal profitability in the U.S. because (a) Display Technologies, the key driver of our consolidated profitability, is largely a<br />

foreign-based business with only net royalty income occurring in the U.S.; (b) our Environmental and Life Sciences segments<br />

have lost money or have been only marginally profitable due to very significant U.S.-based factory start-up costs and<br />

developmental spending; and (c) improvement in our Telecommunications segment has been more than offset by higher U.S.based<br />

research, development, and engineering, stock and incentive compensation and other administrative expenses.<br />

• A significant factor in our forecasts of future U.S. taxable profitability is the amount of assumed royalties to be paid by our<br />

Display Technologies businesses to the U.S. The amount of such royalties could decline if our sales of LCD glass are impacted by:<br />

• manufacturing capacity constraints;<br />

• (a) reduced demand due to the slowing of corporate information technology and consumer spending or (b) challenges to<br />

pricing, both of which may arise from global economic pressures; or<br />

• shifts in the global market share of our customers which manufacture flat panel TV and computer monitors.<br />

Additionally, a change in our judgment regarding the sustainability of the level of these royalties in accordance with the principles<br />

of FIN 48, “Accounting for Uncertainty in Income Taxes” may also impact our forecasts of U.S. profitability.<br />

Although we remain optimistic about our consolidated outlook for 2008 and beyond, as of December 31, <strong>2007</strong>, we are sufficiently<br />

uncertain about our U.S.-based results, primarily due to the current economic uncertainty, but also due to a number of market and<br />

execution risks in our operating segments, particularly those pertaining to Display Technologies, as noted above that we have<br />

concluded that the positive evidence supporting realization of our U.S. deferred tax assets does not sufficiently outweigh the negative<br />

evidence that we will not realize our U.S. deferred tax assets.<br />

We will update our assessment of the realizability of our U.S. deferred tax assets on a quarterly basis in 2008, taking into account<br />

year-to-date actual as well as forecasted U.S. results. If, after considering the actual results and the potential impact of the economic<br />

uncertainties and business risks considered in our <strong>2007</strong> year-end assessment as well as our FIN 48 assessment of the Display<br />

Technologies U.S. royalties we conclude that it is more likely than not that we will be profitable in the U.S. in 2008 and future years,<br />

we will quantify the portion of our U.S. deferred tax assets we believe to be realizable and reduce our valuation allowance<br />

accordingly. Until that time, we will continue to adjust the valuation allowance to offset the current U.S. income tax expense (or<br />

benefit) that would otherwise be recorded on income (or losses) in the U.S. and, therefore, reflect no net U.S. income tax expense.<br />

60

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