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INCOME TAXES
9 Months Ended
Sep. 29, 2012
INCOME TAXES

10. INCOME TAXES

We file income tax returns in the U.S. federal jurisdiction and several state jurisdictions. With few exceptions, we are no longer subject to review by U.S. federal and state tax authorities for years before 2005. The Internal Revenue Service (“IRS”) is currently examining our U.S. income tax returns for 2005 through 2011. State tax authorities are currently examining our income tax returns for fiscal years 2005 through 2008. We have state tax net operating loss carry forwards which are open for review from 2003 and subsequent years.

Our effective tax rate for the thirty-nine weeks ended September 29, 2012 was favorably impacted by the settlement of certain tax matters during 2012. Our estimated tax rate is approximately 40% before discrete items.

We expect our unrecognized tax benefits to decrease by approximately $3.3 million over the next 12 months due to the resolution of certain tax matters which are in appeals with the IRS.