5. Income Taxes

9 Months Ended

Apr. 26, 2014

Notes

5. Income Taxes

5. INCOME TAXES

In prior years, the state of New Jersey issued two separate tax assessments related to nexus beginning in fiscal 2000 and the deductibility of certain payments between subsidiaries beginning in fiscal 2002.  Village contested both of these assessments through the state’s conference and appeals process and was subsequently denied. The Company then filed two complaints in Tax Court against the New Jersey Division of Taxation contesting these assessments and a trial limited to the nexus dispute was conducted in June 2013. On October 23, 2013, the Tax Court issued their opinion on the matter in favor of the New Jersey Division of Taxation.  The Company is currently in the process of appealing the court’s decision.  No payments with respect to these matters are required until the dispute is definitively resolved. 

The Company recorded a $10,052 charge to income tax expense in the fiscal quarter ended October 26, 2013, which includes a $4,933 (net of federal benefit of $2,656) increase in  unrecognized tax benefits and $5,119 (net of federal benefit of $2,078) of related interest and penalties for tax positions taken in prior years.  This charge increased our accrued tax liability to reflect the estimated total tax, interest and penalties due if the Company is unable to overturn the Court’s decision upon appeal.  It is reasonably possible that this matter will be resolved within the next twelve months.  A favorable resolution could result in a reduction in gross unrecognized tax benefits of up to$26,790.

A reconciliation of the beginning and ending amount of gross unrecognized tax benefits is as follows:

Balance as of July 27, 2013	$17,640
Additions based on tax positions related to the prior periods	7,589
Additions based on tax positions related to the current period	1,561
Balance as of April 26, 2014	$26,790

Unrecognized tax benefits at April 26, 2014 and July 27, 2013 include tax positions of $17,414 and $11,466 (net of federal benefit), respectively, that would reduce the Company’s effective income tax rate, if recognized in future periods.     

The Company recognizes interest and penalties on income taxes in income tax expense.  The Company recognized $680 and $9,653 related to interest and penalties on income taxes in the fiscal quarter and nine-month period ended April 26, 2014, respectively.  The amount of accrued interest and penalties included in the consolidated balance sheet was $15,473 and $5,820 at April 26, 2014 and July 27, 2013, respectively.