Entity information:

16. INCOME TAXES

        Components of the income tax (benefit) provision were as follows:

                                                                                                                                                                                    

 

 

2016

 

2015

 

2014

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

$

 

$

 

State

 

 

 

 

 

 

(99

)

​  

​  

​  

​  

​  

​  

Total current

 

 

 

 

 

 

(99

)

​  

​  

​  

​  

​  

​  

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(1,210

)

 

(2,132

)

 

1,360

 

State

 

 

(376

)

 

257

 

 

358

 

​  

​  

​  

​  

​  

​  

Total deferred

 

 

(1,586

)

 

(1,875

)

 

1,718

 

​  

​  

​  

​  

​  

​  

Income tax (benefit) provision

 

$

(1,586

)

$

(1,875

)

$

1,619

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        Components of gross deferred tax assets and liabilities were as follows:

                                                                                                                                                                                    

 

 

January 28,
2017

 

January 30,
2016

 

Deferred tax assets:

 

 

 

 

 

 

 

Net operating losses

 

$

98,939

 

$

79,154

 

General business tax credits

 

 

8,628

 

 

7,609

 

Alternative minimum tax credits

 

 

5,529

 

 

5,529

 

Defined benefit pension obligations

 

 

19,817

 

 

20,099

 

Accrued expenses

 

 

5,440

 

 

7,283

 

Inventories

 

 

 

 

1,660

 

Equity compensation

 

 

2,588

 

 

2,878

 

Rent amortization

 

 

39,148

 

 

40,831

 

Capital leases

 

 

55,327

 

 

52,520

 

Deferred revenue

 

 

14,599

 

 

15,831

 

Other

 

 

7,536

 

 

8,291

 

​  

​  

​  

​  

Gross deferred tax assets

 

 

257,551

 

 

241,685

 

Less: Valuation allowance

 

 

(206,089

)

 

(186,582

)

​  

​  

​  

​  

Net deferred tax assets

 

 

51,462

 

 

55,103

 

​  

​  

​  

​  

Deferred tax liabilities:

 

 

 

 

 

 

 

Property, fixtures and equipment

 

 

(42,041

)

 

(50,876

)

Trade names

 

 

(10,377

)

 

(9,768

)

Inventories

 

 

(5,053

)

 

 

Other

 

 

(4,368

)

 

(4,227

)

​  

​  

​  

​  

Total gross deferred tax liabilities

 

 

(61,839

)

 

(64,871

)

​  

​  

​  

​  

Net deferred tax liabilities

 

$

(10,377

)

$

(9,768

)

​  

​  

​  

​  

​  

​  

​  

​  

        ASC 740 requires that companies assess whether valuation allowances should be established against their deferred tax assets based on consideration of all available evidence using a "more likely than not" standard. In assessing the realizability of its deferred tax assets, the Company considered whether it was more likely than not that its deferred tax assets will be realized based upon all available evidence, including the scheduled reversal of deferred tax liabilities, historical operating results, projected future operating results, tax carry-back availability and limitations pursuant to Section 382 of the Internal Revenue Code ("Section 382"), among others. Pursuant to ASC 740, significant weight is to be given to evidence that can be objectively verified. As a result, a company's current or previous losses are given more weight than any projected future taxable income. In addition, a recent three-year historical cumulative loss is considered a significant element of negative evidence that is difficult to overcome.

        The Company has evaluated its deferred tax assets each reporting period, including assessment of its cumulative income or loss over the prior three-year period, to determine if valuation allowances were required. With respect to reviews during 2016, 2015 and 2014, the Company's three-year historical cumulative loss and the continuation of uncertain near-term economic conditions impeded the Company's ability to rely on its projections of future taxable income in assessing valuation allowance requirements. As such, the Company concluded that it was necessary to maintain a full valuation allowance on its net deferred tax assets. If actual results differ from the Company's underlying estimates, or these estimates are adjusted in future periods, the Company may need to adjust its valuation allowance—which could materially impact its financial position and results of operations.

        If sufficient positive evidence arises in the future indicating that all or a portion of the deferred tax assets meet the more likely than not standard for realization under ASC 740, the valuation allowance would be reduced accordingly in the period that such a conclusion is reached.

        As a result of the partial tax benefit allocated to the loss from continuing operations, the changes recognized within OCI were reported on a net-of-tax basis in 2016 and in 2015. As a result of the full deferred tax asset valuation allowance maintained throughout 2014, the changes recognized within OCI were recorded on a gross basis.

        At January 28, 2017, the Company had federal and state net operating loss carry-forwards of $204,263 and $487,420, respectively, which are available to offset future federal and state taxable income, some of which are subject to limitations imposed by Section 382. These net operating losses will expire in various years from 2017 through 2036.

        The Company had carry-forwards for general business tax credits of $8,628 and $7,609 as of January 28, 2017 and January 30, 2016, respectively. These credits will expire in various years from 2028 through 2036.

        The Company had carry-forwards for alternative minimum tax credits of $5,529 as of January 28, 2017 and January 30, 2016. The Company acquired $2,064 of these credits in connection with an acquisition; their use is subject to limitations imposed by Section 382. These credits can be carried-forward indefinitely.

        Pursuant to ASC 740, the Company is required to consider all income items (including items recorded in OCI) in determining the amount of tax benefit that results from a loss from continuing operations and that should be allocated to continuing operations. As a result, in 2016 the Company recorded a net income tax benefit of $1,586 which includes a $2,195 non-cash income tax benefit from continuing operations. In 2015 the Company recorded a net income tax benefit of $1,875 which includes a $2,946 non-cash income tax benefit from continuing operations. Since OCI was also a loss in 2014, no tax benefit was allocated to continuing operations that year. In 2016 and 2015, the income tax benefit on the loss from continuing operations is exactly offset by income tax expense on OCI. However, while the income tax benefit from continuing operations is reported in the consolidated statement of operations, the income tax expense on OCI is recorded directly to AOCI, which is a component of shareholders' equity. Because the income tax expense on OCI is equal to the income tax benefit from continuing operations in 2016 and 2015, the Company's year-end net deferred tax position is not impacted by this tax allocation. The resulting residual income tax expense will remain in AOCI until all amounts in AOCI that relate to the plan or program that gave rise to the residual income taxes are recognized in the consolidated statement of operations. The Company will reclassify to earnings all residual tax amounts relating to its pension and retiree medical liability in the period in which these plans or programs are terminated.

        A reconciliation of the tax (benefit) provision to the tax at the statutory federal income rate is as follows:

                                                                                                                                                                                    

 

 

2016

 

2015

 

2014

 

Tax benefit at statutory rate

 

$

(22,751

)

$

(20,625

)

$

(1,874

)

State income taxes, net of federal benefit

 

 

(3,583

)

 

(3,879

)

 

(1,865

)

Valuation allowance changes, net

 

 

21,504

 

 

26,062

 

 

4,684

 

Expired federal net operating losses

 

 

4,310

 

 

 

 

 

Tax benefit resulting from OCI allocation

 

 

(2,195

)

 

(2,946

)

 

 

Tax credits

 

 

(355

)

 

(677

)

 

(534

)

Nondeductible expenses

 

 

1,037

 

 

256

 

 

1,031

 

Changes in state deferred tax rate

 

 

293

 

 

(107

)

 

178

 

Other, net

 

 

154

 

 

41

 

 

(1

)

​  

​  

​  

​  

​  

​  

Tax (benefit) provision at effective rate

 

$

(1,586

)

$

(1,875

)

$

1,619

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        In accordance with ASC 740, the Company recognizes the effect of income tax positions only if those positions are more likely than not of being sustained. Recognized income tax positions are measured at the largest amount that is greater than 50% likely of being realized. Changes in recognition or measurement are reflected in the period in which the change in judgment occurs. A reconciliation of the beginning and ending gross unrecognized tax benefits is as follows:

                                                                                                                                                                                    

 

 

2016

 

2015

 

2014

 

Balance at beginning of year

 

$

9,064

 

$

9,064

 

$

9,162

 

Increases (decreases) related to prior year tax positions

 

 

22

 

 

 

 

(19

)

Lapse of statute

 

 

 

 

 

 

(79

)

​  

​  

​  

​  

​  

​  

Balance at end of year

 

$

9,086

 

$

9,064

 

$

9,064

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The total amount of gross unrecognized tax benefits that, if recognized, would impact the effective tax rate was $0 as of January 28, 2017 and January 30, 2016. The gross unrecognized tax benefits are not expected to significantly increase or decrease during 2017.

        It is the Company's policy to record interest and penalties on unrecognized tax benefits as an income tax provision. For 2016 and 2015, the Company did not record any interest or penalty on unrecognized tax benefits. For 2014, the Company recorded $6 as an income tax provision, offset by a $26 reduction of accrued interest due to a statute expiration. At each of January 28, 2017 and January 30, 2016, the Company did not have any accruals for interest and penalties on unrecognized tax benefits.

        The Company's federal tax returns for the years ended February 1, 2014 through the present are open to examination, as are the Company's various state tax returns for the years ended February 2, 2013 through the present.