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INCOME TAXES
12 Months Ended
Jan. 28, 2017
Income Tax Disclosure [Abstract]  
INCOME TAXES
NOTE 14 - INCOME TAXES
 
All of our operations are domestic.  Income tax expense (benefit) consisted of the following (in thousands):
 
Fiscal Year
 
2016
 
2015
 
2014
Federal income tax expense (benefit):
 
 
 
 
 
Current
$
(5,234
)
 
$
3,380

 
$
12,948

Deferred
(19,052
)
 
(2,156
)
 
3,048

 
(24,286
)
 
1,224

 
15,996

State income tax expense (benefit):
 

 
 

 
 

Current
292

 
765

 
2,323

Deferred
(1,172
)
 
(174
)
 
300

 
(880
)
 
591

 
2,623

Total income tax expense (benefit)
$
(25,166
)
 
$
1,815

 
$
18,619


    
Income tax is included in the consolidated financial statements as follows (in thousands):
 
Fiscal Year
 
2016
 
2015
 
2014
Continuing operations
$
(25,166
)
 
$
1,815

 
$
22,847

Discontinued operations

 

 
(4,228
)
Total income tax expense (benefit)
$
(25,166
)
 
$
1,815

 
$
18,619


A reconciliation between the federal income tax expense (benefit) computed at statutory tax rates and the actual income tax expense (benefit) recorded is as follows (in thousands):
 
Fiscal Year
 
2016
 
2015
 
2014
Federal income tax expense (benefit) at the statutory rate
$
(22,072
)
 
$
1,958

 
$
17,314

State income taxes, net
(1,084
)
 
332

 
1,811

Uncertain tax position
(743
)
 
128

 
92

Other
654

 
474

 
590

Job credits
(1,921
)
 
(1,077
)
 
(1,188
)
Total income tax expense (benefit)
$
(25,166
)
 
$
1,815

 
$
18,619



Deferred tax assets (liabilities) consisted of the following (in thousands):
 
January 28, 2017
 
January 30, 2016
Gross deferred tax assets:
 
 
 
Net operating loss
$
10,184

 
$
469

Accrued expenses
2,893

 
2,719

Lease obligations
16,762

 
19,186

Deferred compensation
12,048

 
11,223

Deferred income
3,956

 
4,592

Other
4,434

 
2,879

 
50,277

 
41,068

Gross deferred tax liabilities:
 
 
 
Inventory
(4,706
)
 
(6,725
)
Depreciation and amortization
(45,703
)
 
(54,218
)
 
(50,409
)
 
(60,943
)
 
 
 
 
Valuation allowance
(415
)
 
(402
)
Net deferred tax liabilities
$
(547
)
 
$
(20,277
)


ASC 740, Income Taxes, requires recognition of future tax benefits of deferred tax assets to the extent such realization is more likely than not. In the current year, we generated federal and state net operating losses estimated at $9.7 million which are included in deferred tax assets. There is sufficient taxable income in prior years available to carryback these losses once the net operating loss amount is fixed and determinable, eliminating the need for a valuation allowance.

Consistent with the requirements of ASC 740, the tax benefits recognized related to pre-reorganization deferred tax assets were recorded as a direct addition to additional paid-in capital.  The remaining valuation allowance of $0.4 million at January 28, 2017 and January 30, 2016, respectively, was established for pre-reorganization state net operating losses, which may expire prior to utilization.  Adjustments to tax expense are made to reduce the recorded valuation allowance when positive evidence exists that is sufficient to overcome the negative evidence associated with those losses. We have net operating loss carryforwards for state income tax purposes of approximately $11.7 million from pre-reorganization state losses which, if not utilized, will expire in varying amounts between 2018 and 2021.

As of January 28, 2017, we had no unrecognized tax benefits. In the second quarter of 2016, we released a $0.7 million benefit associated with the favorable resolution of an uncertain tax position under audit. A reconciliation of the beginning and ending amount of total unrecognized tax benefits, including associated interest, is as follows (in thousands):

 
2016
Balance, beginning of period
$
743

Release of FIN 48 reserve
(743
)
Balance, end of period
$



We file income tax returns in the U.S. federal jurisdiction and various state and local jurisdictions. We recognize penalty and interest accrued related to unrecognized tax benefits as an income tax expense. During the years ended January 28, 2017, January 30, 2016, and January 31, 2015, the amount of penalties and interest accrued was approximately nil. We are subject to U.S. federal income tax examinations by tax authorities for 2013 forward.  We are also subject to audit by the taxing authorities of 38 states for years generally after 2012. The outcome of tax audits cannot be predicted with certainty. If any issues addressed in our tax audits are resolved in a manner not consistent with our expectations, we could be required to adjust our provision for income taxes in the period such resolution occurs.