INCOME TAXES

Income tax expense from continuing operations for the third quarter of fiscal 2017 and 2016 was $67.9 million and $33.6 million, respectively. Income tax expense from continuing operations for the first three quarters of fiscal 2017 and 2016 was $315.5 million and $126.0 million, respectively. The effective tax rate (calculated as the ratio of income tax expense to pre-tax income from continuing operations, inclusive of equity method investment earnings) from continuing operations was 27.4% and 32.0% for the third quarter of fiscal 2017 and 2016, respectively. The effective tax rate from continuing operations was 44.6% and 34.0% for the first three quarters of 2017 and 2016, respectively.

The lower effective tax rate in the third quarter of fiscal 2017 reflects the following:


•	an income tax benefit related to the receipt of foreign tax incentives, and


•	an income tax benefit allowed upon the vesting/exercise of employee stock compensation awards by our employees, beyond that which is attributable to the original fair value of the awards upon the date of grant.

The effective tax rate for the first three quarters of fiscal 2017 reflects the above-cited items, as well as the following:


•	additional tax expense associated with non-deductible goodwill sold in connection with the dispositions of the Spicetec and JM Swank businesses,


•	additional tax expense associated with non-deductible goodwill in our Canadian and Mexican businesses, for which an impairment charge was recognized, and


•	an income tax benefit associated with a tax planning strategy that allowed us to utilize certain state tax attributes.

The amount of gross unrecognized tax benefits for uncertain tax positions, including positions impacting only the timing of tax benefits, was $30.9 million as of February 26, 2017 and $33.0 million as of May 29, 2016. There were no balances included as of either February 26, 2017 or May 29, 2016, for tax positions for which the ultimate deductibility is highly certain but for which there is uncertainty about the timing of such deductibility. The gross unrecognized tax benefits excluded related liabilities for gross interest and penalties of $5.5 million and $6.6 million as of February 26, 2017 and May 29, 2016, respectively.

The net amount of unrecognized tax benefits at February 26, 2017 and May 29, 2016 that, if recognized, would impact the Company's effective tax rate was $22.7 million and $24.5 million, respectively. Recognition of these tax benefits would have a favorable impact on the Company's effective tax rate.

We estimate that it is reasonably possible that the amount of gross unrecognized tax benefits will decrease by up to $8.7 million over the next twelve months due to various federal, state, and foreign audit settlements and the expiration of statutes of limitations.

As of February 26, 2017 and May 29, 2016, we had a deferred tax asset of $1.09 billion and $1.54 billion, respectively, that was generated from the capital loss realized on the sale of the Private Brands operations with corresponding valuation allowances of $1.09 billion and $1.40 billion, respectively, to reflect the uncertainty regarding the ultimate realization of the tax asset. During the first three quarters of fiscal 2017, the balance of the deferred tax asset was adjusted for the revised estimates of the capital gains realized on the sales of the Spicetec and JM Swank businesses, the realization of certain tax attributes and the settlement of certain tax indemnity claims under the contract terms of the Private Brands sale, and utilization of the estimated tax asset to offset capital gains on previously deferred intercompany transactions triggered by the Spinoff. During the second quarter of fiscal 2017, $150.4 million of the reduction in the valuation allowance was recorded in stockholders' equity as part of the Spinoff.