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Taxes on Income
12 Months Ended
Feb. 02, 2019
Income Tax Disclosure [Abstract]  
Taxes on Income

12.

Taxes on Income

Geographic sources of loss from continuing operations before income taxes are as follows:

 

 

 

Year Ended

 

(In thousands)

 

February 2,

2019

 

 

February 3,

2018

 

United States

 

$

 

(7,399

)

 

$

 

(46,044

)

Foreign

 

 

 

(2,239

)

 

 

 

(6,787

)

Loss from continuing operations before income taxes

 

$

 

(9,638

)

 

$

 

(52,831

)

 

The provision for income taxes as shown in the accompanying consolidated statements of operations includes the following:

 

 

 

Year Ended

 

(In thousands)

 

February 2,

2019

 

 

February 3,

2018

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

 

$

 

(81

)

State

 

 

 

(11

)

 

 

 

(164

)

Foreign

 

 

 

941

 

 

 

 

1,639

 

 

 

 

 

930

 

 

 

 

1,394

 

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

 

 

 

 

 

(150

)

State

 

 

 

37

 

 

 

 

13

 

Foreign

 

 

 

1,721

 

 

 

 

1,773

 

 

 

 

 

1,758

 

 

 

 

1,636

 

 

 

$

 

2,688

 

 

$

 

3,030

 

 

The provision for income taxes differs from the amounts computed using the statutory United States federal income tax rate as shown in the table below.  Nondeductible transaction costs arose in the Hi-Tec Acquisition.

 

 

 

Year Ended

 

(In thousands, except percentages)

 

February 2, 2019

 

 

February 3, 2018

 

Tax expense at U.S. statutory rate

 

$

 

(2,023

)

 

 

 

21.0

%

 

$

 

(17,329

)

 

 

 

32.8

%

State income taxes, net of federal income tax benefit

 

 

 

265

 

 

 

 

(2.8

)

 

 

 

(942

)

 

 

 

1.8

 

Change in U.S. federal statutory rate

 

 

 

 

 

 

 

 

 

 

 

7,350

 

 

 

 

(13.9

)

Stock-based compensation

 

 

 

262

 

 

 

 

(2.7

)

 

 

 

1,517

 

 

 

 

(2.9

)

Stock warrants

 

 

 

 

 

 

 

 

 

 

 

425

 

 

 

 

(0.8

)

Adjustments to unrecognized tax benefits

 

 

 

(380

)

 

 

 

3.9

 

 

 

 

(794

)

 

 

 

1.5

 

Nondeductible expenses

 

 

 

12

 

 

 

 

(0.1

)

 

 

 

18

 

 

 

 

 

Nondeductible transaction costs

 

 

 

21

 

 

 

 

(0.2

)

 

 

 

250

 

 

 

 

(0.5

)

Valuation allowance

 

 

 

4,616

 

 

 

 

(47.9

)

 

 

 

10,688

 

 

 

 

(20.3

)

Foreign Taxes

 

 

 

381

 

 

 

 

(4.0

)

 

 

 

562

 

 

 

 

(1.1

)

Exchange rate changes

 

 

 

 

 

 

 

 

 

 

 

1,427

 

 

 

 

(2.7

)

Other

 

 

 

(466

)

 

 

 

4.8

 

 

 

 

(142

)

 

 

 

0.4

 

 

 

$

 

2,688

 

 

 

 

(28.0

)%

 

$

 

3,030

 

 

 

 

(5.7

)%

 

A summary of deferred income tax assets and liabilities is as follows:

 

 

 

February 2,

2019

 

 

February 3,

2018

 

(In thousands)

 

Non-Current

 

 

Non-Current

 

Deferred tax assets:

 

 

 

 

 

 

 

 

 

 

Deferred revenue

 

$

 

9

 

 

$

 

213

 

Amortization

 

 

 

3,855

 

 

 

 

5,967

 

Other

 

 

 

359

 

 

 

 

1,578

 

Employee compensation

 

 

 

242

 

 

 

 

543

 

Interest expense carryforward

 

 

 

1,277

 

 

 

 

 

Net operating loss and credit carryforwards

 

 

 

26,089

 

 

 

 

18,778

 

Valuation Allowance

 

 

 

(31,472

)

 

 

 

(27,079

)

Total deferred income tax assets

 

 

 

359

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

 

 

Amortization

 

 

 

(12,414

)

 

 

 

(10,466

)

Total deferred income tax liabilities

 

 

 

(12,414

)

 

 

 

(10,466

)

Net deferred income tax liabilities

 

$

 

(12,055

)

 

$

 

(10,466

)

 

The Company acquired various net operating loss and credit carryforwards as part of the Hi-Tec Acquisition, and generated additional net operating loss carryforwards in Fiscal 2018 and Fiscal 2019.  Federal and state net operating loss carryforwards totaled $37.9 million and $22.1 million, respectively, at February 2, 2019.  As a result of recent tax law changes, $20.8 million of the Company’s federal net operating loss carryforwards do not expire, while $17.1 million of the Company’s federal and all of the Company’s state net operating loss carryforwards expire beginning in 2026.  Foreign net operating loss carryforwards were $61.8 million at February 2, 2019 and begin to expire in 2021.  The Company has foreign tax and other credit carryforwards of $2.9 million at February 2, 2019 that begin to expire in 2023.  The utilization of certain federal and state net operating loss and credit carryforwards acquired in connection with the Hi-Tec Acquisition are subject to annual limitations under Section 382 of the Internal Revenue Code of 1986 and similar state provisions. 

Primarily as a result of impairment charges related to certain trademarks, the Company’s U.S. operations have sustained a cumulative pretax loss over the last three fiscal years.  Accordingly, the Company has provided a valuation allowance of $12.3 million at February 2, 2019 to reduce the carrying value of the underlying deferred tax assets to zero.  This valuation allowance will be maintained until there is sufficient positive evidence to conclude that it is more likely than not that these deferred tax assets will be realized.  The Company continues to maintain a valuation allowance related to deferred tax assets of the foreign subsidiaries acquired in the Hi-Tec Acquisition, primarily due to the cumulative losses generated in these jurisdictions, and which amounted to $19.2 million at February 2, 2019.

The Company currently does not have unremitted earnings attributable to foreign subsidiaries.

The Tax Cuts and Jobs Act was enacted on December 22, 2017 and reduced U.S. corporate income tax rates to 21.0% as of January 1, 2018. The rate change became effective during Fiscal 2018, resulting in a blended statutory tax rate of 32.8% for fiscal 2018 and a decrease in the Company’s deferred tax assets and the associated valuation allowance of $7.4 million each.  Accordingly, the rate change had no net impact on deferred income tax expense in Fiscal 2018.  The Tax Cuts and Jobs Act created a new minimum tax on certain foreign earnings exceeding a deemed return on tangible assets.  The Company treats this foreign minimum tax as period cost, but it had no net effect on the Company’s overall income tax provision as a result of an offsetting reduction in the Company’s net operating loss carryforwards.  The Company’s provisional accounting for the Tax Cuts and Jobs Act in Fiscal 2018 was finalized in Fiscal 2019 with no significant changes in the Company’s current or deferred tax provisions.

The Company recorded a $3.9 million reserve for uncertain tax positions in Fiscal 2017 as part of Hi-Tec acquisition.  Gross unrecognized tax benefits are reflected in the accompanying balance sheets as reductions in deferred tax assets or in other long-term liabilities if there are no net operating loss carryforwards available to offset them.  A reconciliation of the beginning and ending amount of unrecognized tax benefits, excluding interest and penalties, is as follows:

 

 

 

Year Ended

 

(In thousands)

 

February 2,

2019

 

 

February 3,

2018

 

Gross unrecognized tax benefits at beginning of year

 

$

 

3,846

 

 

$

 

3,977

 

Additions:

 

 

 

 

 

 

 

 

 

 

Tax positions taken in prior years

 

 

 

 

 

 

 

315

 

Tax positions taken in the current year

 

 

 

426

 

 

 

 

1,609

 

Reductions:

 

 

 

 

 

 

 

 

 

 

Tax positions taken in prior years

 

 

 

(261

)

 

 

 

 

Settlement with taxing authorities

 

 

 

 

 

 

 

(38

)

Lapse in statute of limitations

 

 

 

(595

)

 

 

 

(2,017

)

Gross unrecognized tax benefits at year end

 

$

 

3,416

 

 

$

 

3,846

 

 

Interest and penalties related to unrecognized tax benefits are included within the provision for income taxes in the statements of operations.  The total amount of interest recognized related to unrecognized tax benefits was $0.1 million for both Fiscal 2019 and Fiscal 2018.

Although we cannot predict the timing of resolution with taxing authorities, if any, we believe it is reasonably possible that $3.4 million of unrecognized tax benefits will be recognized in the next twelve months due to a retroactive change in the composition of a consolidated tax filing group or expiration of the applicable statute of limitations.  At February 2, 2019, approximately $2.0 million of unrecognized tax benefits would, if recognized, impact the Company’s effective tax rate.

The Company files income tax returns in the U.S. federal, California and certain other state jurisdictions. For federal income tax purposes, the Fiscal 2016 and later tax years remain open for examination by the tax authorities under the normal three-year statute of limitations. For state tax purposes, the Fiscal 2015 and later tax years remain open for examination by the tax authorities under a four-year statute of limitations.