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Income Taxes
9 Months Ended
Nov. 01, 2014
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes

We review the annual effective tax rate on a quarterly basis and make necessary changes if information or events merit.  The estimated annual effective tax rate is forecasted quarterly using actual historical information and forward-looking estimates.  The estimated annual effective tax rate may fluctuate due to changes in forecasted annual operating income; changes to the valuation allowance for deferred tax assets; changes to actual or forecasted permanent book to tax differences (non-deductible expenses); impacts from future tax settlements with state, federal or foreign tax authorities (such changes would be recorded discretely in the quarter in which they occur), or impacts from tax law changes.  To the extent such changes impact our deferred tax assets/liabilities, these changes would generally be recorded discretely in the quarter in which they occur. During the third quarter of 2014, we recorded a tax benefit of approximately $7.1 million related to the carryback of certain NOL’s due to tax accounting method changes filed in the third quarter and the release of reserves for uncertain tax benefits due to a favorable audit resolution. During the first thirty-nine weeks of 2014, we recorded a net discrete benefit of approximately $2.7 million. This net tax benefit was the result of tax expense of approximately $4.4 million to reduce certain state deferred tax assets, primarily resulting from the planned closures of the mall-based P.S. from Aéropostale stores offset by the above mentioned $7.1 million in discrete tax benefit recorded in the third quarter which is discussed above.

We follow the provisions of ASC Topic 740, “Income Taxes”, which includes the accounting and disclosure for uncertainty in income taxes.  We recognize interest and penalties related to unrecognized tax benefits as a component of income tax expense. Uncertain tax positions, inclusive of interest and penalties were $8.2 million as of November 1, 2014, $9.9 million at February 1, 2014, and $3.3 million at November 2, 2013.  Of these amounts, $6.2 million was recorded as a direct reduction of the related deferred tax assets as of November 1, 2014 and February 1, 2014. During the third quarter of 2014 we released $0.8 million of reserves due to a favorable audit resolution within the quarter. This reversal of uncertain tax positions, along with reversal of related deferred tax assets, favorably impacts our effective tax rate. These uncertain tax positions are subject to change based on future events, the timing of which is uncertain, however the Company does not anticipate that the balance of such uncertain tax positions will significantly decrease during the next twelve months.

We file income tax returns in the U.S. and in various states, Canada and Puerto Rico. All tax returns remain open for examination generally for our 2010 through 2013 tax years by various taxing authorities. However, certain states may keep their statute open for six to ten years.