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Income Taxes
9 Months Ended
Oct. 27, 2012
Income Taxes
NOTE 12.  Income Taxes

As of the end of the third quarter of fiscal 2012, the total liability for income tax associated with unrecognized tax benefits consisted of tax of $1.5 million ($1.0 million net of federal benefit), interest of $0.2 million ($0.1 million net of federal benefit) and $0.1 million related to penalties.  Our effective tax rate will be affected by any portion of this liability we may recognize.  As of the end of fiscal 2011, the total liability for income tax associated with unrecognized tax benefits consisted of tax of $1.6 million ($0.7 million net of federal benefit), interest of $0.3 million ($0.2 million net of federal benefit) and $0.1 million related to penalties.
 
We believe that it is reasonably possible that our liability for unrecognized tax benefits consisting of tax of $1.0 million ($0.7 million net of federal benefit), interest of $0.2 million ($0.1 million net of federal benefit) and penalties of $0.1 million, may be recognized in the next 12 months due to the settlement of audits and the expiration of statutes of limitations.  As such, we have classified these amounts as current liabilities.

Our continuing practice is to recognize interest and penalties related to unrecognized tax benefits as a tax expense.  Tax expense during the third quarter of fiscal 2012 and 2011 related to interest and penalties was not material.  As of the end of the third quarter of fiscal 2012 and as of the end of fiscal 2011, we had accrued $0.3 million and $0.4 million, respectively, of interest and penalties related to uncertain tax positions.

We operate stores throughout the United States as well as in Canada and Puerto Rico, and as a result, we file income tax returns in the United States federal jurisdiction and various states, local and foreign jurisdictions.  In the normal course of business, we are subject to examination by taxing authorities.  With few exceptions, we are no longer subject to United States federal, state, local or foreign income tax examinations for years before fiscal 2007.  While it is often difficult to predict the final outcome or the timing or resolution of any particular uncertain tax position, we believe our reserves for income taxes represent the most probable outcome.  We adjust these reserves, as well as the related interest and penalties, in light of changing facts and circumstances.