Income Taxes

12 Months Ended

Jan. 28, 2023

Income Tax Disclosure [Abstract]

Income Taxes

Note 3 — Income Taxes

The Company’s income tax expense (benefit) is computed based on the federal statutory rates and the state statutory rates, net of related federal benefit. The Company’s provision for income taxes consists of the following (in thousands):

	52 Weeks Ended January 28, 2023			52 Weeks Ended January 29, 2022		52 Weeks Ended January 30, 2021
Current tax expense (benefit):
Federal	$	(153	)	$	3,269	$	(10,124	)
State		696			74		52
Deferred tax expense (benefit):
Federal		—			—		—
State		—			—		1,525
	$	543		$	3,343	$	(8,547	)

Income tax expense (benefit) differs from the amount computed by applying the statutory federal income tax rate to (loss) income before income taxes. A reconciliation of income tax expense (benefit) at the statutory federal income tax rate to the amount provided is as follows (in thousands):

	52 Weeks Ended January 28, 2023			52 Weeks Ended January 29, 2022			52 Weeks Ended January 30, 2021
Tax at federal statutory rate	$	(9,272	)	$	5,327		$	1,699
State income taxes, net of federal benefit		(798	)		942			338
Tax credits		(79	)		(66	)		(90	)
Enactment of tax legislation		—			—			(12,276	)
Executive compensation		886			255			177
Stock based compensation programs		(1,296	)		(644	)		274
Valuation allowance		11,134			(2,494	)		1,292
Other		(32	)		23			39
Income tax expense (benefit)	$	543		$	3,343		$	(8,547	)

On March 27, 2020, the CARES Act was enacted in response to the COVID-19 pandemic. The CARES Act, among other things, permits net operating loss carry backs to offset 100% of taxable income for taxable years beginning before 2021. The Company elected to carryback its 2019 net operating loss to offset the Company’s previous taxable income, thus generating a refund of $12.3 million in fiscal 2020.

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes and are included as part of other assets on the consolidated balance sheets. Significant components of the Company’s deferred tax assets and liabilities are as follows (in thousands):

	January 28, 2023			January 29, 2022
Deferred tax assets:
Operating lease liabilities	$	39,661		$	39,007
Accruals		1,327			1,956
Inventory valuation		346			563
State tax credit carryforwards		148			148
Federal and state net operating loss carryforwards		11,169			791
Impairment		1,321			992
Other		3,583			2,690
Total deferred tax assets		57,555			46,147
Valuation allowance for deferred tax assets		(14,690	)		(3,556	)
Net deferred tax assets		42,865			42,591
Deferred tax liabilities:
Property and equipment		(7,737	)		(9,431	)
Operating lease right-of-use assets		(34,435	)		(32,289	)
Prepaid assets		(693	)		(871	)
Total deferred tax liabilities		(42,865	)		(42,591	)
Net deferred tax assets	$	—		$	—

As of January 28, 2023, the Company has a $43.2 million federal net operating loss carry-forward and $38.7 million of state net operating loss carry-forwards available to offset future taxable income. The federal net operating loss carry-forward does not expire and the state net operating loss carry-forwards expire in years 2036 through 2041. As of January 28, 2023, the Company has state tax credit carryforwards of approximately $187,000 that expire in years 2023 through 2025.

Future utilization of the deferred tax assets is evaluated by the Company, and any valuation allowance is adjusted accordingly. For fiscal 2019, the Company established a valuation allowance against its deferred tax assets due to uncertainty regarding their realization, and in fiscal 2020, the Company established an additional valuation allowance against state net operating loss carry forwards. Accordingly, the Company has established a valuation allowance of $14.7 million and $3.6 million with respect to the deferred tax assets as of January 28, 2023 and January 29, 2022, respectively. Adjustments could be required in the future if the Company estimates that the amount of deferred tax assets to be realized is more or less than the net amount the Company has recorded. Any change in the valuation allowance would have the effect of increasing or decreasing the income tax provision based on the nature of the deferred tax asset deemed realizable in the period in which such a determination is made.

The Company and one or more of its subsidiaries file income tax returns in the U.S. federal jurisdiction and various state and local jurisdictions. The Company is no longer subject to U.S. federal income tax examinations by authorities for years prior to 2019. With few exceptions, the Company is no longer subject to state and local income tax examinations for years prior to 2017. The Company is not currently engaged in any U.S. federal, state or local income tax examinations.

The Company had no unrecognized tax benefits as of January 28, 2023 and January 29, 2022. The Company accrues interest on unrecognized tax benefits as a component of income tax expense. Penalties, if incurred, would be recognized as a component of income tax expense. The Company had no amounts accrued for the payment of interest and penalties associated with unrecognized tax benefits as of January 28, 2023 and January 29, 2022.