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INCOME TAXES
3 Months Ended
Aug. 30, 2015
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
Income tax expense from continuing operations for the first quarter of fiscal 2016 and 2015 was $84.9 million and $43.1 million, respectively.
The amount of gross unrecognized tax benefits for uncertain tax positions, including positions impacting only the timing of tax benefits, was $32.8 million as of August 30, 2015 and $35.3 million as of May 31, 2015. Included in the balance was $1.7 million as of both August 30, 2015 and May 31, 2015, for tax positions for which the ultimate deductibility is highly certain but for which there is uncertainty about the timing of such deductibility. Because of the impact of deferred tax accounting, the disallowance of the shorter deductibility period would not affect the annual effective tax rate but would accelerate the payment of cash to the taxing authority to an earlier period. Any associated interest and penalties imposed would affect the tax rate. The gross unrecognized tax benefits excluded related liabilities for gross interest and penalties of $9.7 million and $9.5 million as of August 30, 2015 and May 31, 2015, respectively.
The net amount of unrecognized tax benefits at August 30, 2015 and May 31, 2015 that, if recognized, would impact the Company's effective tax rate was $21.6 million and $23.1 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 $3.2 million over the next twelve months due to various federal, state, and foreign audit settlements and the expiration of statutes of limitations.
In connection with classifying the Private Brands operations as assets held for sale, we booked a deferred tax asset of $1.65 billion on the outside basis difference of our investment in this business. A full valuation allowance for the amount of the asset was created, as we have not met the accounting requirements for recognition of a benefit at this time.