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Income Taxes
9 Months Ended
Feb. 29, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

9.  INCOME TAXES

We recorded an income tax provision of $0.4 million and $0.8 million for the first nine months of fiscal 2020 and the first nine months of fiscal 2019, respectively. The effective income tax rate during the first nine months of fiscal 2020 was a tax provision of (365.1)% as compared to a tax provision of (383.3)% during the first nine months of fiscal 2019. The difference in rate during the first nine months of fiscal 2020 as compared to the first nine months of fiscal 2019 reflects changes in our geographical distribution of income (loss). The (365.1)% effective income tax rate differs from the federal statutory rate of 21% as a result of our geographical distribution of income (loss) and the movement of the valuation allowance against our U.S. state and federal net deferred tax assets.

In the normal course of business, we are subject to examination by taxing authorities throughout the world. Generally, years prior to fiscal 2009 are closed for examination under the statute of limitation for U.S. federal, U.S. state and local or non-U.S. tax jurisdictions. Our primary foreign tax jurisdictions are Germany and the Netherlands. We have tax years open in Germany beginning in fiscal 2015 and the Netherlands beginning in fiscal 2012. Germany is currently under audit for fiscal years 2015 through 2018.

We have historically determined that certain undistributed earnings of our foreign subsidiaries, to the extent of cash available, will be repatriated to the U.S. We have provided a deferred tax liability totaling $0.3 million as of February 29, 2020. As of June 1, 2019, the deferred tax liability totaled $0.2 million. 

As of February 29, 2020, our worldwide liability for uncertain tax positions related to continuing operations was $0.1 million, excluding interest and penalties as compared to $0.1 million liabilities for uncertain tax positions as of June 1, 2019. There was no change in recorded uncertain tax positions during the first nine months of fiscal 2020. We record penalties and interest related to uncertain tax positions in the income tax expense line item within the consolidated statements of comprehensive loss.

The valuation allowance against the net deferred tax assets that will more likely than not be realized was $12.0 million as of February 29, 2020. The valuation allowance against the net deferred tax assets was $11.7 million as of June 1, 2019 as no material additional domestic federal and state net deferred tax assets were generated during the third quarter of fiscal 2020 from losses in the U.S. jurisdiction. A full valuation allowance on the U.S. and state deferred tax assets will be maintained until sufficient positive evidence related to sources of future taxable income exists to support a reversal of the valuation allowance. The amount of the deferred tax asset considered realizable, however, could be adjusted if estimates of future taxable income during the carryforward period are increased, or if objective negative evidence in the form of cumulative losses is no longer present and additional weight may be given to subjective evidence such as our projections for growth.