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Th  e effective income tax rate applicable to income from continuing operations before income taxes was different from the statutory U.S. federal income tax rate due to the factors listed in the following table: 

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As of December 31, 2010, our federal income tax returns for years through 2006 have been examined by the Internal Revenue Service (“IRS”) and all issues have been settled. We believe that adequate provision for both federal and foreign income taxes has been made for the open years 2003 and after. Income taxes have not been provided for the equity in undistributed earnings of foreign consolidated subsidiaries of $710.6 million or for foreign unconsolidated subsidiaries and affiliates of $13.4 million at December 31, 2010. Restrictions on the distribution of these earnings are not significant. It is not practical to estimate the amount of taxes that might be payable upon the remittance of such earnings. Foreign earnings taxable as dividends were $12.2 million, $6.2 million and $5.1 million in 2010, 2009 and 2008, respectively. 

## Uncertain Income Tax Positions 

U.S. GAAP accounting guidance for uncertainty in income taxes prescribes a model for the recognition and measurement of a tax position taken or expected to be taken in a tax return, and provides guidance on derecognition, classification, interest and penalties, disclosure and transition. We adopted this guidance on January 1, 2007. 

We file income tax returns in the U.S. federal jurisdiction, and various states and foreign jurisdictions. The income tax returns for FMC entities taxable in the U.S and significant foreign jurisdictions are open for examination and adjustment. As of December 31, 2010, the United States Federal and State income tax returns are open for examination and adjustment for years 2006-2010. Our signifi cant foreign jurisdictions, which total 15, are open for examination and adjustment during varying periods from 2003-2010. 

The total amount of unrecognized tax benefits as of December 31, 2010, that, if recognized, would affect the effective tax rate is $17.3 million. We recognize accrued interest and penalties related to unrecognized tax benefits as a component of income tax expense in the consolidated financial statements. Included in the $17.3 million liability for unrecognized tax benefi ts as of December 31, 2010, is $0.3 million associated with interest and penalties. 

We do not expect any reductions in the liability for unrecognized tax benefits within the next 12 months on account of settlements and the expirations of statutes of limitations. See the reconciliation of the total amounts of unrecognized tax benefi ts below: 

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