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INCOME TAXES
12 Months Ended
Jan. 31, 2015
INCOME TAXES  
INCOME TAXES

 

        Components of the income tax provision (benefit) were as follows:

                                                                                                                                                                                    

 

 

2014

 

2013

 

2012

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

$

 

$

(39

)

State

 

 

(99

)

 

(332

)

 

(1,133

)

​  

​  

​  

​  

​  

​  

Total current

 

 

(99

)

 

(332

)

 

(1,172

)

​  

​  

​  

​  

​  

​  

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

1,360

 

 

191

 

 

1,164

 

State

 

 

358

 

 

57

 

 

236

 

​  

​  

​  

​  

​  

​  

Total deferred

 

 

1,718

 

 

248

 

 

1,400

 

​  

​  

​  

​  

​  

​  

Income tax provision (benefit)

 

$

1,619

 

$

(84

)

$

228

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        Components of gross deferred tax assets and liabilities were as follows:

                                                                                                                                                                                    

 

 

January 31,
2015

 

February 1,
2014

 

Deferred tax assets:

 

 

 

 

 

 

 

Net operating losses

 

$

56,571

 

$

49,598

 

General business tax credits

 

 

5,969

 

 

4,742

 

Alternative minimum tax credits

 

 

5,529

 

 

5,529

 

Defined benefit pension obligations

 

 

25,445

 

 

18,097

 

Accrued expenses

 

 

7,572

 

 

6,629

 

Inventories

 

 

812

 

 

3,284

 

Equity compensation

 

 

2,255

 

 

4,055

 

Rent amortization

 

 

38,618

 

 

38,114

 

Capital leases

 

 

18,995

 

 

20,438

 

Deferred revenue

 

 

18,102

 

 

21,081

 

Other

 

 

9,518

 

 

9,680

 

​  

​  

​  

​  

Gross deferred tax assets

 

 

189,386

 

 

181,247

 

Less: Valuation allowance

 

 

(161,856

)

 

(144,908

)

​  

​  

​  

​  

Net deferred tax assets

 

 

27,530

 

 

36,339

 

​  

​  

​  

​  

Deferred tax liabilities:

 

 

 

 

 

 

 

Property, fixtures and equipment

 

 

(23,127

)

 

(31,391

)

Tradenames

 

 

(8,697

)

 

(6,980

)

Other

 

 

(4,403

)

 

(4,947

)

​  

​  

​  

​  

Total gross deferred tax liabilities

 

 

(36,227

)

 

(43,318

)

​  

​  

​  

​  

Net deferred tax liabilities

 

$

(8,697

)

$

(6,979

)

​  

​  

​  

​  

​  

​  

​  

​  

​  

        ASC 740 requires that companies assess whether valuation allowances should be established against their deferred tax assets based on consideration of all available evidence using a "more likely than not" standard. In assessing the realizability of its deferred tax assets, the Company considered whether it was more likely than not that its deferred tax assets will be realized based upon all available evidence, including the scheduled reversal of deferred tax liabilities, historical operating results, projected future operating results, tax carry-back availability and limitations pursuant to Section 382 of the Internal Revenue Code ("Section 382"), among others. Pursuant to ASC 740, significant weight is to be given to evidence that can be objectively verified. As a result, a company's current or previous losses are given more weight than any projected future taxable income. In addition, a recent three-year historical cumulative loss is considered a significant element of negative evidence that is difficult to overcome.

        The Company has evaluated its deferred tax assets each reporting period, including assessment of its cumulative income or loss over the prior three-year period, to determine if valuation allowances were required. With respect to reviews during 2014, 2013 and 2012, the Company's three-year historical cumulative loss and the continuation of uncertain near-term economic conditions impeded the Company's ability to rely on its projections of future taxable income in assessing valuation allowance requirements. As such, the Company concluded that it was necessary to maintain a full valuation allowance on its net deferred tax assets. If actual results differ from the Company's underlying estimates, or these estimates are adjusted in future periods, the Company may need to adjust its valuation allowance—which could materially impact its financial position and results of operations.

        If sufficient positive evidence arises in the future indicating that all or a portion of the deferred tax assets meet the more likely than not standard for realization under ASC 740, the valuation allowance would be reduced accordingly in the period that such a conclusion is reached.

        As a result of the full deferred tax asset valuation allowance maintained throughout 2014, 2013 and 2012, the changes recognized within OCI were recorded on a gross basis, with the exception of the tax benefit recorded for the loss in continuing operations in the fourth quarter of 2013 (discussed below).

        At January 31, 2015, the Company had federal and state net operating loss carry-forwards of $104,176 and $348,177, respectively, which are available to offset future federal and state taxable income, subject to certain limitations imposed by Section 382. These net operating losses will expire in various years from 2015 through 2034.

        The Company had carry-forwards for general business tax credits of $5,969 and $4,742 as of January 31, 2015 and February 1, 2014, respectively. These credits will expire in various years from 2028 through 2034.

        The Company had carry-forwards for alternative minimum tax credits of $5,529 at each of January 31, 2015 and February 1, 2014. The Company acquired $2,064 of these credits in connection with an acquisition; their use is subject to the limitations imposed by Section 382. These credits can be carried-forward indefinitely.

        In 2013, the Company recorded a net income tax benefit of $84 which includes a $1,486 non-cash income tax benefit from continuing operations. Pursuant to ASC 740, the Company is required to consider all items (including items recorded in OCI) in determining the amount of tax benefit that results from a loss from continuing operations and that should be allocated to continuing operations. As a result, the Company recorded a tax benefit on the loss from continuing operations for the year, which is exactly offset by income tax expense on OCI. However, while the income tax benefit from continuing operations is reported in the consolidated statement of operations, the income tax expense on OCI is recorded directly to AOCI, which is a component of shareholders' equity. Because the income tax expense on OCI is equal to the income tax benefit from continuing operations for this item, the Company's year-end net deferred tax position is not impacted by this tax allocation. The resulting residual income tax expense will remain in AOCI until all amounts in AOCI that relate to the plan or program that gave rise to the residual income taxes are recognized in the consolidated statement of operations. The Company will reclassify to earnings all residual tax amounts relating to its pension and retiree medical liability in the period in which these plans or programs are terminated.

        A reconciliation of the tax expense (benefit) to the tax at the statutory federal income rate is as follows:

                                                                                                                                                                                    

 

 

2014

 

2013

 

2012

 

Tax benefit at statutory rate

 

$

(1,874

)

$

(1,274

)

$

(7,464

)

State income taxes, net of federal benefit

 

 

(1,865

)

 

(59

)

 

(1,667

)

Valuation allowance changes, net

 

 

4,684

 

 

1,728

 

 

7,443

 

Tax benefit resulting from OCI allocation

 

 

 

 

(1,486

)

 

 

Tax credits

 

 

(534

)

 

(553

)

 

(408

)

Nondeductible expenses

 

 

1,031

 

 

1,550

 

 

2,000

 

Changes in state deferred tax rate

 

 

178

 

 

11

 

 

324

 

Other, net

 

 

(1

)

 

(1

)

 

—  

 

​  

​  

​  

​  

​  

​  

Tax expense (benefit) at effective rate

 

$

1,619

 

$

(84

)

$

228

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        In accordance with ASC 740, the Company recognizes the effect of income tax positions only if those positions are more likely than not of being sustained. Recognized income tax positions are measured at the largest amount that is greater than 50% likely of being realized. Changes in recognition or measurement are reflected in the period in which the change in judgment occurs. A reconciliation of the beginning and ending gross unrecognized tax benefits is as follows:

                                                                                                                                                                                    

 

 

2014

 

2013

 

2012

 

Balance at beginning of year

 

$

9,162

 

$

9,339

 

$

9,961

 

Increases related to prior year tax positions

 

 

 

 

 

 

59

 

Decreases related to prior year tax positions

 

 

(19

)

 

 

 

 

Settlements with taxing authorities

 

 

 

 

 

 

(467

)

Lapse of statute

 

 

(79

)

 

(177

)

 

(214

)

​  

​  

​  

​  

​  

​  

Balance at end of year

 

$

9,064

 

$

9,162

 

$

9,339

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The total amount of gross unrecognized tax benefits that, if recognized, would impact the effective tax rate was $0 and $78 as of January 31, 2015 and February 1, 2014, respectively. The gross unrecognized tax benefits are not expected to significantly increase or decrease during 2015.

        It is the Company's policy to record interest and penalties on unrecognized tax benefits as an income tax provision. For 2014, the Company recorded $6 as an income tax provision, offset by a $26 reduction of accrued interest due to a statute expiration. For 2013, the Company recorded $17 as an income tax provision, offset by a $63 reduction of accrued interest due to a statute expiration. For 2012, the Company recorded $117 as an income tax provision, offset by a $1,374 reduction of accrued interest. The 2012 offset was a result of $144 of accrued interest related to a statute expiration and $1,230 related to a settlement. At January 31, 2015 and February 1, 2014, the Company had accruals of $0 and $20, respectively, for interest and penalties on unrecognized tax benefits.

        The Company's federal tax returns for the years ended January 28, 2012 through the present are open to examination, as are the Company's various state tax returns for the years ended January 29, 2011 through the present.