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Note K - Income Taxes
6 Months Ended
Dec. 02, 2014
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

NOTE K – INCOME TAXES


In July 2013, the Financial Accounting Standards Board (“FASB”) issued Accounting Standards Update (“ASU”) 2013-11, Income Taxes (Topic 740): Presentation of an Unrecognized Tax Benefit When a Net Operating Loss Carryforward, a Similar Tax Loss, or a Tax Credit Carryforward Exists (“ASU 2013-11”). The guidance requires an entity to present its deferred tax asset for a net operating loss carryforward, similar tax loss, or a tax credit carryforward net of unrecognized tax benefits when settlement in this manner is available under the tax law, which would be based on facts and circumstances as of the balance sheet reporting date and would not consider future events. Gross presentation of an unrecognized tax benefit will still be required in the notes to the financial statements. We adopted ASU 2013-11 on a prospective basis during the first quarter of fiscal year 2015. The adoption of this standard in the first quarter of fiscal year 2015 resulted in a reclassification of $5.0 million of our liability for unrecognized tax benefits against our deferred tax assets.


Under Accounting Standards Codification 740 (“ASC 740”), companies are required to apply their estimated annual tax rate on a year-to-date basis in each interim period. Under ASC 740, companies should not apply the estimated annual tax rate to interim financial results if the estimated annual tax rate is not reliably predictable. In this situation, the interim tax rate should be based on the actual year-to-date results. Due to changes in our projections, which have fluctuated as we work through our brand repositioning, a reliable projection of our annual effective rate has been difficult to determine. As such, we recorded a tax provision for the 26 weeks ended December 2, 2014 based on the actual year-to-date results, in accordance with ASC 740.


We regularly evaluate the need for a valuation allowance for deferred tax assets by assessing whether it is more likely than not that we will realize the deferred tax assets in the future.  A valuation allowance assessment is performed each reporting period, with any additions or adjustments reflected in earnings in the period of assessment.  In assessing the need for a valuation allowance, we consider both positive and negative evidence related to the likelihood of realization of the deferred tax assets for each jurisdiction.


Prior to the fourth quarter of fiscal year 2013, we concluded that objective and subjective positive evidence outweighed negative evidence, and it was more likely than not that we would realize all of our federal and most of our state deferred tax assets, except for loss carryforwards in certain states that have had cumulative losses and/or relatively short carryforward periods and annual limits of loss carryforward that is available for use to offset future taxable income.   During the fourth quarter of fiscal year 2013, we recorded a valuation allowance following the conclusion that the negative evidence outweighed the positive evidence. 


We recorded a tax benefit from continuing operations of $0.6 million and $3.2 million for the 13 and 26 weeks ended December 2, 2014, respectively, compared to a tax benefit from continuing operations of $1.9 million and $7.1 million for the 13 and 26 weeks ended December 3, 2013, respectively. Included in our $3.2 million tax benefit from continuing operations for the 26 weeks ended December 2, 2014 was a benefit of $3.2 million recorded during the first quarter of fiscal year 2015 representing an immaterial prior period correction to our deferred tax asset valuation allowance.


Our valuation allowance for deferred tax assets totaled $57.6 million and $54.6 million as of December 2, 2014 and June 3, 2014, respectively.


We had a gross liability for unrecognized tax benefits, exclusive of accrued interest and penalties, of $4.4 million and $7.0 million as of December 2, 2014 and June 3, 2014, respectively. As of December 2, 2014 and June 3, 2014, the total amount of unrecognized tax benefits that, if recognized, would impact our effective tax rate was $2.5 million and $2.6 million, respectively. The liability for unrecognized tax benefits as of December 2, 2014 includes $0.3 million related to tax positions for which it is reasonably possible that the total amounts could change within the next twelve months based on the outcome of examinations and negotiations with tax authorities.


Interest and penalties related to unrecognized tax benefits are recognized as components of income tax expense. As of December 2, 2014 and June 3, 2014, we had accrued $0.4 million and $0.5 million, respectively, for the payment of interest and penalties. During the first 26 weeks of fiscal year 2015, accrued interest and penalties decreased by $0.1 million.


At December 2, 2014, we are no longer subject to U.S. federal income tax examinations by tax authorities for fiscal years prior to 2011, and with few exceptions, state and local examinations by tax authorities prior to fiscal year 2011.