Note 9 - Income Taxes

3 Months Ended

Aug. 30, 2016

Notes to Financial Statements

Income Tax Disclosure [Text Block]

9. Income Taxes

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 13 weeks ended August 30, 2016 and September 1, 2015 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. As of May 31, 2016, we have rolling three-year historical operating losses and have concluded that the negative evidence outweighs the positive evidence.

In accordance with the applicable accounting standards, we are unable to use future income projections to support the realization of our deferred tax assets as a consequence of the above conclusion.

   Instead, in determining the appropriate amount of the valuation allowance, we considered the timing of future reversal of our taxable temporary differences and available tax strategies that, if implemented, would result in the realization of deferred tax assets. Our valuation allowance for deferred tax assets totaled $106.2 million and $89.9 million as of August 30, 2016 and May 31, 2016, respectively.

We recorded a tax benefit of $

1.7 million and $1.0 million for the 13 weeks ended August 30, 2016 and September 1, 2015, respectively. Netted against our tax benefit was a charge of $16.3 million representing the amount reserved for the increase in deferred tax assets during the quarter which primarily related to general business credit carryforwards and federal and state net operating loss carryforwards.

We had a gross liability for unrecognized tax benefits, exclusive of accrued interest and penalties, of $

4.6 million and $4.5 million, respectively, as of August 30, 2016 and May 31, 2016, of which $3.7 million was reclassified against our deferred tax assets as of both dates. As of August 30, 2016 and May 31, 2016, the total amount of unrecognized tax benefits that, if recognized, would impact our effective tax rate was $2.4 million and $2.3 million, respectively. The liability for unrecognized tax benefits as of August 30, 2016 includes $0.4 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

both August 30, 2016 and May 31, 2016, we had accrued $0.4 million for the payment of interest and penalties. During the first quarter of fiscal year 2017, accrued interest and penalties increased by an insignificant amount.

At

August 30, 2016, we are no longer subject to U.S. federal income tax examinations by tax authorities for fiscal years prior to 2012, and with few exceptions, we are no longer subject to state and local examinations by tax authorities prior to fiscal year 2013.