Income Taxes

The income tax expense (benefit) for the last three years is reconciled to the statutory federal income tax rate using the liability method as follows (in thousands):



	Year ended January 31,
	2013			2012			2011
Statutory	$	(1,373	)	$	(4,674	)	$	(2,920	)
State taxes (net of federal tax)	(124		)	(799		)	(445		)
Change in valuation allowance	1,480			6,043			13,989
State rate adjustment	49			(288		)	(1,365		)
Change in unrecognized tax benefits	(246		)	(164		)	(282		)
Other	5			(63		)	30
	$	(209	)	$	55		$	9,007

Significant components of the expense (benefit) for income taxes (in thousands) attributed to continuing operations are as follows:



	Year ended January 31,
	2013			2012			2011
Current
Federal	$	—		$	—		$	(459	)
State	(275		)	(173		)	(393		)
	(275		)	(173		)	(852		)
Deferred
Federal	(1,192		)	(4,581		)	(3,482		)
State	(223		)	(1,235		)	(648		)
	(1,415		)	(5,816		)	(4,130		)
Change in Valuation Allowance	1,481			6,044			13,989
	66			228			9,859
	$	(209	)	$	55		$	9,007

Deferred tax assets and liabilities (in thousands) are comprised of the following:



	Year ended January 31,
	2013			2012
Deferred tax assets
Accrued vacation and sick leave	$	830		$	879
Retirement plans	10,343			9,820
Insurance reserves	1,193			1,183
Warranty	451			595
Net operating loss carryforwards	12,072			11,255
Intangibles	272			338
Inventory	723			146
Other	1,250			1,486
	$	27,134		$	25,702
Deferred tax liabilities
Tax in excess of book depreciation	$	(1,540	)	$	(1,793	)
Other	(81		)	(71		)
	$	(1,621	)	$	(1,864	)
Valuation allowance	(24,601		)	(22,859		)
Net deferred tax asset	$	912		$	979
Reported as:
Current deferred tax liabilities	$	(572	)	$	(1,221	)
Long-term deferred tax assets	1,484			2,200

The following table summarizes the activity related to our gross unrecognized tax benefits from February 1, 2011 to January 31, 2013 (in thousands):



	January 31,
	2013			2012
Balances as of February 1,	$	271		$	406
Increases related to prior year tax positions	56			—
Decreases related to prior year tax positions	—			—
Increases related to current year tax positions	8			—
Decreases related to lapsing of statute of limitations	(229		)	(135		)
Balance as of January 31,	$	106		$	271

At January 31, 2013, the Company’s unrecognized tax benefits associated with uncertain tax positions were $106,000, of which $70,000 if recognized, would favorably affect the effective tax rate.

The Company recognizes interest and penalties related to unrecognized tax benefits as a component of income tax expense which is consistent with the recognition of the items in prior reporting. The Company had recorded a liability for interest and penalties related to unrecognized tax benefits of $36,000 at January 31, 2013, and $217,000 at January 31, 2012. At January 31, 2013, the Company was under IRS examination for its tax return for the year ended January 31, 2011. Subsequent to January 31, 2013, the Company received a notice from the IRS, notifying the Company that no change is required to the tax return for the fiscal year ended January 31, 2011. The years ended January 31, 2010, January 31, 2012 and January 31, 2013 remain open for examination by the IRS. The fiscal years ended January 31, 2009 through January 31, 2013 remain open for examination by state tax authorities. The Company is currently under examination by Texas for the year ended January 31, 2009. The Company is not currently under any other state examinations.

The specific timing of when the resolution of each tax position will be reached is uncertain. As of January 31, 2013, we do not believe that there are any positions for which it is reasonably possible that the total amount of unrecognized tax benefits will significantly increase or decrease within the next 12 months.

In assessing the realizability of deferred tax assets, the Company considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income or reversal of deferred tax liabilities during the periods in which those temporary differences become deductible. The Company considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. The Company incurred a substantial operating loss for the year ended January 31, 2011. During the fourth quarter of the year ended January 31, 2011, based on this consideration, the Company determined the realization of a majority of the net deferred tax assets no longer met the more likely than not criteria. A valuation allowance was recorded against the majority of the net deferred tax assets totaling $24,601,000 and $22,859,000 at January 31, 2013 and 2012, respectively. At January 31, 2013, the Company had net operating loss carryforwards for federal and state income tax purposes, expiring at various dates through 2033. Federal net operating losses that can potentially be carried forward totaled approximately $23,563,000 at January 31, 2013. State net operating losses that can potentially be carried forward totaled approximately $49,635,000 at January 31, 2013.