INCOME TAXES |
NOTE 4 - INCOME TAXES
The provision (benefit) for income taxes was as follows:
|
|
Thirty-Five |
|
|
Fiscal Year |
|
|
|
Weeks Ended |
|
|
Ended |
|
|
|
October 29, 2011 |
|
|
February 26, 2011 |
|
|
|
(in thousands) |
|
Current: |
|
|
|
|
|
|
|
|
Federal |
|
$ |
- |
|
|
$ |
3,368 |
|
State |
|
|
138 |
|
|
|
62 |
|
|
|
$ |
138 |
|
|
$ |
3,430 |
|
|
|
|
|
|
|
|
|
|
Deferred: |
|
|
|
|
|
|
|
|
Federal |
|
$ |
30,318 |
|
|
$ |
(20,107 |
) |
State |
|
|
15,948 |
|
|
|
(2,212 |
) |
|
|
$ |
46,266 |
|
|
$ |
(22,319 |
) |
|
|
|
|
|
|
|
|
|
Provision (benefit) for income taxes |
|
$ |
46,404 |
|
|
$ |
(18,889 |
) |
|
|
Thirty-Five |
|
|
Fiscal Year |
|
|
|
Weeks Ended |
|
|
Ended |
|
|
|
October 29, 2011 |
|
|
February 26, 2011 |
|
|
|
|
|
Statutory Federal income tax rate |
|
|
35.0 |
% |
|
|
35.0 |
% |
State taxes |
|
|
-0.3 |
% |
|
|
5.6 |
% |
Change in valuation allowance |
|
|
-191.2 |
% |
|
|
-2.1 |
% |
Effect on deferred taxes for change in state tax rate |
|
|
0.0 |
% |
|
|
0.6 |
% |
Other |
|
|
-0.2 |
% |
|
|
-2.6 |
% |
|
|
|
|
|
|
|
|
|
Effective income tax rate |
|
|
-156.7 |
% |
|
|
36.5 |
% |
The composition of the Company’s deferred tax assets and liabilities is as follows:
|
|
Fiscal Year Ended |
|
|
|
March 2, 2013 |
|
|
February 25, 2012 |
|
|
|
(in thousands) |
|
|
|
|
|
|
|
|
Deferred tax assets: |
|
|
|
|
|
|
|
|
Pension costs |
|
$ |
4,004 |
|
|
$ |
5,901 |
|
Reserves not currently deductible for tax purposes |
|
|
69 |
|
|
|
1,954 |
|
Net operating loss carry forwards |
|
|
70,746 |
|
|
|
51,173 |
|
Depreciation |
|
|
13,124 |
|
|
|
12,197 |
|
Deferred rent |
|
|
- |
|
|
|
2,238 |
|
AMT credit |
|
|
3,182 |
|
|
|
3,182 |
|
Accrued expenses |
|
|
4,086 |
|
|
|
2,331 |
|
Other |
|
|
81 |
|
|
|
83 |
|
Wind-down expenses |
|
|
8,752 |
|
|
|
13,227 |
|
Air right |
|
|
3,641 |
|
|
|
3,757 |
|
Lease claim |
|
|
14,439 |
|
|
|
21,875 |
|
Store closing cost |
|
|
2,650 |
|
|
|
2,733 |
|
Total deferred tax assets |
|
$ |
124,774 |
|
|
$ |
120,651 |
|
Valuation Allowance |
|
|
(83,676 |
) |
|
|
(85,117 |
) |
Deferred tax asset after valuation allowance |
|
$ |
41,098 |
|
|
$ |
35,534 |
|
|
|
|
|
|
|
|
|
|
Deferred tax liabilities: |
|
|
|
|
|
|
|
|
Intangibles |
|
$ |
(356 |
) |
|
$ |
(364 |
) |
Write up of owned real estate |
|
|
(40,742 |
) |
|
|
(35,170 |
) |
Total deferred tax liabilities |
|
$ |
(41,098 |
) |
|
$ |
(35,534 |
) |
Net deferred tax assets |
|
$ |
- |
|
|
$ |
- |
|
|
|
|
|
|
|
|
|
|
Current deferred tax assets |
|
$ |
- |
|
|
$ |
- |
|
Long term deferred tax assets |
|
|
- |
|
|
|
- |
|
Total deferred tax assets |
|
$ |
- |
|
|
$ |
- |
|
At March 2, 2013, the Company had state net operating loss carry forwards of approximately $215.8 million. These net operating losses expire in years through fiscal 2031. The Company also had federal net operating loss carry forwards of approximately $173.6 million. These net operating losses will expire in years through fiscal 2031.
Since under liquidation basis accounting all future estimated taxes are accrued as of the reporting date net of the benefit expected to be derived from available NOLs, it is not appropriate to record a separate deferred tax asset on the same NOLs. Accordingly, a valuation allowance of approximately $85.1 million was recorded through February 25, 2012. The valuation allowance was reduced by approximately $1.4 million during the fiscal year ended March 2, 2013. |