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Income Taxes
12 Months Ended
Feb. 01, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

F. INCOME TAXES

The Company accounts for income taxes in accordance with ASC Topic 740, Income Taxes. Under ASC Topic 740, deferred tax assets and liabilities are recognized based on temporary differences between the financial statement and tax basis of assets and liabilities using enacted tax rates in effect in the years in which the differences are expected to reverse. The accounting regulation requires current recognition of net deferred tax assets to the extent it is more likely than not such net assets will be realized. To the extent that the Company believes its net deferred tax assets will not be realized, a valuation allowance must be recorded against those assets.

At the end of fiscal 2013, the Company entered a three-year cumulative loss and based on all positive and negative evidence at February 1, 2014, the Company established a full valuation allowance against its net deferred tax assets. While the Company has projected it will return to profitability, generate taxable income and ultimately emerge from a three-year cumulative loss, based on operating results for fiscal 2019 and the Company’s forecast for fiscal 2020, the Company believes that a full allowance remains appropriate at this time.  Realization of the Company’s deferred tax assets is dependent on generating sufficient taxable income in the near term.  

As of February 1, 2020, for federal income tax purposes, the Company has net operating loss carryforwards of $141.5 million, which will expire from fiscal 2022 through fiscal 2036 and net operating loss carryforwards of $24.3 million that are not subject to expiration.  For state income tax purposes, the Company has $93.5 million of net operating losses that are available to offset future taxable income, the majority of which will expire from fiscal 2020 through fiscal 2039.  Additionally, the Company has $3.1 million of net operating loss carryforwards related to the Company’s operations in Canada, which will expire from fiscal 2025 through fiscal 2039.

The utilization of net operating loss carryforwards and the realization of tax benefits in future years depends predominantly upon having taxable income. Under the provisions of the Internal Revenue Code, certain substantial changes in the Company’s ownership may result in a limitation on the amount of net operating loss carryforwards and tax credit carryforwards, which may be used in future years.

In fiscal 2017, as part of the 2017 Tax Act, the corporate alternative minimum tax (“AMT”) was repealed and the Company’s AMT credit of $2.1 million, net of the applicable sequestration rate, became refundable.  Accordingly, in fiscal 2017, the Company reversed its valuation allowance against the AMT credit, recognized an income tax benefit for $2.1 million and established a receivable of $2.1 million, which will be realized over the next four fiscal years.  Late in fiscal 2018, the IRS issued an announcement that federal sequestration rules would not apply to certain AMT refunds, accordingly, the Company recognized an additional income tax benefit of $0.2 million in fiscal 2018.  At February 1, 2020, the balance of the AMT receivable is $1.1 million.  

In fiscal 2017, the Company reclassified approximately $2.1 million to accumulated deficit from accumulated other comprehensive income (loss) due to intraperiod tax allocations.  Approximately $1.4 million of this pertained to years prior to fiscal 2017.  

The components of the net deferred tax assets as of February 1, 2020 and February 2, 2019 were as follows (in thousands):

 

 

 

February 1, 2020

 

 

February 2, 2019

 

Deferred tax assets, net:

 

 

 

 

 

 

 

 

Net operating loss carryforward

 

$

40,921

 

 

$

39,804

 

Gain on sale-leaseback

 

 

 

 

 

2,657

 

Accrued expenses and other

 

 

1,630

 

 

 

2,813

 

Operating lease liabilities

 

 

57,419

 

 

 

1,598

 

Goodwill and intangibles

 

 

236

 

 

 

510

 

Unrecognized loss on pension and pension expense

 

 

2,156

 

 

 

1,897

 

Inventory reserves

 

 

960

 

 

 

1,414

 

Foreign tax credit carryforward

 

 

486

 

 

 

766

 

Federal wage tax credit carryforward

 

 

824

 

 

 

824

 

Unrecognized loss on foreign exchange

 

 

 

 

 

186

 

State tax credits

 

 

147

 

 

 

147

 

Operating lease right-of-use assets

 

 

(48,018

)

 

 

 

Property and equipment

 

 

(9,205

)

 

 

(4,073

)

Subtotal

 

$

47,556

 

 

$

48,543

 

Valuation allowance

 

 

(47,556

)

 

 

(48,543

)

Net deferred tax assets

 

$

 

 

$

 

For fiscal 2019, the Company had total deferred tax assets of $104.8 million, total deferred tax liabilities of $57.2 million and a valuation allowance of $47.6 million.  

The provision (benefit) for income taxes consisted of the following:

 

 

FISCAL YEARS ENDED

 

 

 

February 1, 2020

 

 

February 2, 2019

 

 

February 3, 2018

 

(in thousands)

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

(151

)

 

$

 

State

 

 

97

 

 

 

93

 

 

$

(109

)

Foreign

 

 

8

 

 

 

8

 

 

 

(100

)

 

 

 

105

 

 

 

(50

)

 

 

(209

)

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

 

 

 

 

 

 

(2,339

)

State

 

 

 

 

 

 

 

 

(24

)

Foreign

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2,363

)

Total provision (benefit)

 

$

105

 

 

$

(50

)

 

$

(2,572

)

The following is a reconciliation between the statutory and effective income tax rates in dollars for the provision (benefit) for income tax:

 

 

FISCAL YEARS ENDED

 

 

 

February 1, 2020

 

 

February 2, 2019

 

 

February 3, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(in thousands)

 

 

 

 

 

 

 

 

 

 

 

 

Federal income tax at the statutory rate (1)

 

$

(1,615

)

 

$

(2,852

)

 

$

(7,215

)

State income and other taxes, net of federal tax benefit

 

 

77

 

 

 

66

 

 

 

(407

)

Federal rate change on deferred assets (2)

 

 

 

 

 

 

 

 

22,796

 

Federal rate change on valuation allowance (2)

 

 

 

 

 

 

 

 

(22,796

)

Section 162(m) limitation

 

 

541

 

 

 

183

 

 

 

45

 

Permanent items

 

 

277

 

 

 

170

 

 

 

518

 

Expiration of capital loss carryforward

 

 

 

 

 

1,618

 

 

 

 

Charge for valuation allowance (3)

 

 

850

 

 

 

992

 

 

 

7,249

 

Refundable AMT credit

 

 

 

 

 

(151

)

 

 

(2,141

)

Other, net

 

 

(25

)

 

 

(76

)

 

 

(621

)

Total provision (benefit)

 

$

105

 

 

$

(50

)

 

$

(2,572

)

(1)

The federal income tax at the statutory rate for fiscal 2017 reflects a blended rate of 33.72%, based on the statutory rate decreasing from 35% to 21% on January 1, 2018. The statutory rate for fiscal 2018 and fiscal 2019 is 21%.

(2)

This represents the federal rate change impact as of the end of fiscal 2017.  The rate change impact on deferred assets and valuation allowance as a result of the 2017 Tax Act was $22.8 million.

(3)

The change in valuation allowance is impacted by the adoption of ASC 842 in the tax-effected amount of $1.4 million.

 

As discussed in Note A, the Company’s financial statements reflect the expected future tax consequences of uncertain tax positions that the Company has taken or expects to take on a tax return, based solely on the technical merits of the tax position.  The liability for unrecognized tax benefits at February 1, 2020 and February 2, 2019 was approximately $2.0 million and was associated with a prior tax position related to exiting the Company’s direct business in Europe during fiscal 2013.  The amount of unrecognized tax benefits has been presented as a reduction in the reported amounts of the Company’s federal and state net operating losses carryforwards. No penalties or interest have been accrued on this liability because the carryforwards have not yet been utilized.  The reversal of this liability would result in a tax benefit being recognized in the period in which the Company determines the liability is no longer necessary.

For fiscal 2019, 2018 and 2017, the Company made tax payments of $0.1 million in each fiscal year.