ompanies are required to apply their estimated annual tax rate on a year - to - date basis in each interim period. 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 and weeks ended and based on the actual year - to - date results.

  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 we have rolling - year historical operating losses and have concluded that the negative evidence outweighs the positive evidence.

    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 million and million as of and respectively.

recorded tax expense that was negligible for the weeks ended and a tax benefit of million for the weeks ended We recorded a tax benefit of million and million for the and weeks ended respectively. Netted against our tax benefit for the and weeks ended were charges of million and million, respectively, representing increases in the valuation allowance for deferred tax assets recorded primarily against general business credit carryforwards and federal and state net operating loss carryforwards.

million and million, respectively, as of and of which million was reclassified against our deferred tax assets as of both dates. As of and the total amount of unrecognized tax benefits that, if recognized, would impact our effective tax rate was million and million, respectively. The liability for unrecognized tax benefits as of includes million related to tax positions for   which it is reasonably possible that the total amounts could change within the next months based on the outcome of examinations and negotiations with tax authorities.

both and we had accrued million for the payment of interest and penalties. During the quarters of fiscal year accrued interest and penalties increased by an insignificant amount.

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