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Jackson Hewitt Reports Fiscal 2010 Third Quarter Results


News provided by

Jackson Hewitt Tax Service Inc.

Mar 11, 2010, 07:28 ET

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PARSIPPANY, N.J., March 11 /PRNewswire-FirstCall/ -- Jackson Hewitt Tax Service Inc. ("Jackson Hewitt") (NYSE: JTX) today reported financial results for the third quarter of fiscal 2010.  Jackson Hewitt reported a net loss of $279.0 million, or $9.75 per diluted share, versus net income of $20.9 million in the third quarter of fiscal 2009, or $0.73 per diluted share.  On an adjusted basis, Jackson Hewitt's net income in the 2010 third quarter was $13.1 million, or $0.46 per diluted share, versus adjusted net income of $21.0 million, or $0.74 per diluted share, in the year ago quarter.  Jackson Hewitt's 3Q10 reported results reflect the effect of a non-cash goodwill impairment charge of $274.2 million, and a non-cash tax valuation charge of $9.9 million.  A schedule entitled Condensed Adjusted Results of Operations, which reconciles the reported and adjusted results, accompanies this earnings release.

"In addition to the challenges created by the continued sluggish economy, high unemployment rate and the increasingly competitive landscape in our industry, our third quarter operational and financial results, as well as our expectations for the full 2010 fiscal year, have been significantly impacted by the last-minute loss of a refund anticipation loan ("RAL") product in 50% of our system," stated Harry W. Buckley, Jackson Hewitt's president and chief executive officer.

"To adjust for the absence of RALs, we implemented measures designed to retain clients in the affected markets and to reduce controllable expenses across our entire operation," continued Buckley.  "Although both our franchisees and our company-owned offices have done a good job adjusting their operations, we have had to scale back our expectations for the 2010 tax season. This is a great disappointment to me, our entire management team and our franchise system, particularly after the positive strides we made in the off-season to prepare our entire system for the 2010 tax season, including the launch of our exclusive arrangement with Walmart."

"For the full 2010 tax season, we believe our total tax returns prepared versus the 2009 tax season will be down in the range of 17% to 19%, with revenue per tax return growth anticipated to be 1% to 2% and net income in the area of breakeven, or modestly positive, excluding non-recurring items," said Buckley.  "We have taken certain actions, including cost control measures, to maximize our operating and financial performance over the remainder of the tax season. We are also working with numerous parties to ensure RAL product availability for next year, and are initiating a comprehensive review of our business model and capital structure, with the assistance of outside advisors, as we move to better position Jackson Hewitt for the future."

Jackson Hewitt's reported consolidated total revenues in the 2010 third quarter were $79.1 million, versus $97.8 million in the same period last year.  The decreased revenues versus last year's third quarter resulted from a lower number of tax returns prepared and reduced financial product fees in connection with the loss of 50% of the RAL program, offset in part by slightly higher average revenue per return.  Consolidated revenue per tax return was up 2.4%.

Franchised and company-owned operations are operating 6,376 offices during the 2010 tax season, a decrease of 3% versus the prior tax season.  During the first nine months of the 2010 fiscal year, the system prepared 959,000 tax returns, a decline of 18%, versus the 1.164 million tax returns prepared during the same period a year ago.  On a comparable day-over-day basis (e.g., Friday versus Friday during the same week the year before), tax returns were running nearly 20% behind the same period a year ago at the end of the third quarter.  Under this basis, due to the manner in which the calendar days fell at month end, one filing day that was reflected in the 2010 third quarter tax return results was reflected in the fourth quarter a year ago.

Consolidated 3Q10 Metrics: RAL Markets Versus Non-RAL Markets

In Jackson Hewitt markets where the RAL product was available, total returns prepared in tax season were down 11% in the 2010 tax season on a comparable day-over-day basis, and customer retention improved by approximately 6 percentage points to over 62%.  Jackson Hewitt believes that the paid preparer market was down versus the prior year at this same time on a comparable basis.  Correspondingly, in Jackson Hewitt markets where the RAL product was unavailable, total returns prepared in tax season were down 31% in the 2010 tax season on a comparable day-over-day basis, and customer retention declined by over 6 percentage points to approximately 51%, reflecting the uneven competitive landscape with respect to RALs.  

Update Through February 28, 2010

Subsequent to the end of the 2010 third quarter, year-to-date through the end of February, Jackson Hewitt and its franchisees had prepared 1.830 million tax returns, reflecting a decrease of 18%, versus the 2.218 million tax returns prepared during the same month-end period last year.  Year-to-date through February 28, average revenue per return grew by approximately 2%.

Franchise Operations

Reported total revenues in the 2010 third quarter were $49.9 million, versus $65.9 million in the 2009 third quarter.  Royalty and marketing and advertising revenues were $35.4 million in the 2010 third quarter, versus $42.7 million in last year's third quarter, reflecting a decrease of 17%.  These decreased revenues were due to lower franchisee tax return volume in the quarter versus last year, largely resulting from the RAL issue, partially offset by slightly higher average revenues per return.  Financial product fees were $12.5 million in the third quarter, reflecting a decline of 41% versus the $21.2 million of financial product fees in the 2009 third quarter.  This decline, due largely to the loss of 50% of the RAL program, reflects lower aggregate economics with Santa Barbara Tax Products Group, the timing impact of a higher variable fee versus fixed fee relationship in our bank agreements, which will result in a proportionately greater revenue recognition in the fourth quarter, as well as somewhat lower negotiated economics with these providers in 2010.  The fixed fee component of the financial product agreements are accounted for on a percentage of completion method over the tax season.

In the 2010 third quarter, Jackson Hewitt recorded sales of 48 new territories, versus 5 new territory sales in same period a year ago.  Year-to-date, 164 new territories have been sold, versus 70 in the comparable period last year.  The majority of new territory sales in 2010 has been related to Jackson Hewitt's Walmart expansion activities and has been completed under a special lower cost incentive program.  Territory sales are reported in the "Other" revenue line item.  

Reported total expenses in the franchise segment were $248.9 million in the 2010 third quarter, versus $29.7 million in the 2009 third quarter.  The 2010 third quarter reported expenses included a non-cash goodwill impairment charge of $223.7 million.  This charge contributed to a reported loss before income taxes of $198.5 million for the 2010 third quarter, versus a reported income before income taxes of $36.6 million in the prior year quarter.  On an adjusted basis, excluding the non-cash goodwill impairment charge, the 2010 third quarter would have reflected income before income taxes of $25.3 million.

Company-Owned Offices Operations

In the 2010 third quarter, service revenues from company-owned offices operations decreased 8% to $29.2 million, versus $31.9 million in the year ago quarter.  Reported total expenses in the company-owned offices operations were $72.2 million in the 2010 third quarter, versus $24.5 million in the 2009 third quarter.  The 2010 third quarter reported expenses included a non-cash goodwill impairment charge of $50.4 million.  This charge contributed to a reported loss before income taxes of $43.0 million for the 2010 third quarter, versus a reported income before income taxes of $7.4 million in the prior year quarter.  Excluding the non-cash goodwill impairment charge, income before income taxes was essentially flat versus the prior year period on a comparable basis.  

Corporate and Other

Loss before income taxes in the 2010 third quarter was $12.6 million, versus a loss before income taxes of $9.3 million in the 2009 third quarter.  The 2010 third quarter reported loss included $1.3 million of expenses incurred in connection with our efforts to find alternative RAL funding and certain corporate advisory fees.  The reported loss before income taxes also included a $0.6 million expense recorded in the quarter in connection with a litigation related matter.  Adjusting for these expenses, the increased loss before income taxes in this segment was primarily due to $1.6 million of increased interest expense in the 2010 third quarter versus the year ago quarter.

Credit Facility

Based upon the information currently available, Jackson Hewitt believes that it is likely that it will breach the financial covenants in its credit facility as of April 30, 2010.  Jackson Hewitt intends to initiate discussions with the lead agent under its credit facility regarding seeking relief in connection with these financial covenants.

Non-Cash Goodwill Impairment and Tax Valuation Charges

As noted above, Jackson Hewitt booked a non-cash goodwill impairment charge of $274.2 million, and a non-cash tax valuation charge of $9.9 million, in the third quarter.  Jackson Hewitt typically conducts a goodwill impairment analysis each year following the fourth quarter.  However, due to the previously announced loss of approximately 50% of Jackson Hewitt's RAL program in the third quarter of fiscal 2010 and the decline in Jackson Hewitt's stock price and resulting market capitalization since the beginning of such fiscal quarter, Jackson Hewitt concluded that a goodwill impairment triggering event had occurred for purposes of Accounting Standards Codification Topic 350 "Intangibles – Goodwill and Other."  Accordingly, Jackson Hewitt performed a testing of the carrying values of goodwill for both its franchise operations and company-owned offices operations reporting units as of January 31, 2010.  After this testing, Jackson Hewitt concluded that the carrying value of its franchise operations and company-owned offices operations reporting units, including goodwill, exceeded the fair value of each respective reporting unit resulting in the non-cash impairment charge.  The non-cash tax valuation charge reflected an additional tax allowance given the inability to fully utilize the deferred tax assets created, in part, by the goodwill impairment expense.

Analyst Conference Call

Harry W. Buckley, president and chief executive officer, and Dan O'Brien, chief financial officer, will host a conference call today, Thursday, March 11, 2010, at 8:30 a.m. (EST), to discuss the fiscal 2010 third quarter results and fiscal 2010 full year guidance.  Please visit the investor relations tab of Jackson Hewitt's website, www.jacksonhewitt.com, at least 10 minutes prior to the beginning of the call in order to access the webcast.  If you are unable to listen to the live webcast, a replay will be available on this website.  

About Jackson Hewitt Tax Service Inc.

Jackson Hewitt Tax Service Inc. (NYSE: JTX), with more than 6,300 franchised and company-owned offices throughout the United States, is an industry leader providing full service individual federal and state income tax return preparation.  Most offices are independently owned and operated.  Jackson Hewitt is based in Parsippany, New Jersey.  More information may be obtained at www.jacksonhewitt.com.  To locate the Jackson Hewitt Tax Service(R) office nearest to you, call 1-800-234-1040.

Forward-Looking Statements

This press release contains statements, including, without limitation, those statements relating to the total tax returns prepared during the 2010 tax season, 2010 fiscal year revenue per tax return growth and net income, which are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.  Because these forward-looking statements involve risks and uncertainties, actual results may differ materially from those expressed or implied in the forward-looking statements due to a number of factors, including but not limited to: Jackson Hewitt's ability to execute on its strategic plan and reverse its declining profitability, improve its distribution system or reduce its cost structure; Jackson Hewitt's ability to successfully attract and retain key personnel; government initiatives that simplify tax return preparation or reduce the need for a third party tax return preparer, improve the timing and efficiency of processing tax returns or decrease the number of tax returns filed; delays in the passage of tax laws and their implementation; the success of Jackson Hewitt's franchised offices; Jackson Hewitt's responsibility to third parties, regulators or courts for the acts of, or failures to act by, Jackson Hewitt's franchisees or their employees; government legislation and regulation of the tax return preparation industry and related financial products, including refund anticipation loans, and the failure by Jackson Hewitt, or the financial institutions which provide financial products to Jackson Hewitt's customers, to comply with such legal and regulatory requirements; the effectiveness of Jackson Hewitt's tax return preparation compliance program; increased regulation of tax return preparers; Jackson Hewitt's exposure to litigation; the failure of Jackson Hewitt's insurance to cover all the risks associated with its business; Jackson Hewitt's ability to protect its customers' personal and financial information; the effectiveness of Jackson Hewitt's marketing and advertising programs and franchisee support of these programs; disruptions in Jackson Hewitt's relationships with its franchisees; changes in Jackson Hewitt's relationships with financial product providers that could reduce the revenues Jackson Hewitt derives from its agreements with these financial institutions as well as affect Jackson Hewitt's customers' ability to obtain financial products through its tax return preparation offices; changes in Jackson Hewitt's relationship with Wal-Mart or other large retailers and shopping malls that could affect Jackson Hewitt's growth and profitability; the seasonality of Jackson Hewitt's business and its effect on Jackson Hewitt's stock price; competition from tax return preparation service providers, volunteer organizations and the government; Jackson Hewitt's reliance on technology systems and electronic communications to perform the core functions of its business; Jackson Hewitt's ability to protect its intellectual property rights or defend against any third party allegations of infringement by Jackson Hewitt; Jackson Hewitt's reliance on cash flow from subsidiaries; Jackson Hewitt's compliance with credit facility covenants; Jackson Hewitt's exposure to increases in prevailing market interest rates; Jackson Hewitt's quarterly results not being indicative of its performance as a result of tax season being relatively short and straddling two quarters; certain provisions that may hinder, delay or prevent third party takeovers; changes in accounting policies or practices and Jackson Hewitt's ability to maintain an effective system of internal controls; impairment charges related to goodwill; and the effect of market conditions, general conditions in the tax return preparation industry or general economic conditions.

Additional information concerning these and other risks that could impact Jackson Hewitt's business can be found in Jackson Hewitt's Annual Report on Form 10- K for the fiscal year ended April 30, 2009, and other public filings with the Securities and Exchange Commission ("SEC").  Copies are available from the SEC or Jackson Hewitt's website.  Jackson Hewitt assumes no obligation, and Jackson Hewitt expressly disclaims any obligation, to update or alter any forward-looking statements.

Contacts:




Investor Relations:

Media Relations:

David G. Weselcouch

Sheila Cort

Vice President,

Vice President,

Treasury and Investor Relations

Corporate Communications

973-630-0821

973-630-0680

    
    
    
    
                          JACKSON HEWITT TAX SERVICE INC. 
                CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS 
                                   (Unaudited) 
                     (In thousands, except per share amounts) 
                                                                         
                                      Three Months Ended   Nine Months Ended  
                                          January 31,         January 31,     
                                          -----------         -----------     
                                         2010     2009       2010      2009 
                                         ----     ----       ----      ---- 
    Revenues                                                             
    Franchise operations revenues:                                       
      Royalty                          $24,575  $29,620    $25,819   $30,893 
      Marketing and advertising         10,826   13,089     11,373    13,653 
      Financial product fees            12,490   21,182     18,150    26,256 
      Other                              1,982    2,027      2,484     3,624 
    Service revenues from company-owned 
     office operations                  29,229   31,872     30,353    32,720 
                                        ------   ------     ------    ------ 
          Total revenues                79,102   97,790     88,179   107,146 
                                        ------   ------     ------   ------- 
                                                                             
    Expenses                                                                 
    Cost of franchise operations         8,773    8,980     23,298    24,933 
    Marketing and advertising           15,523   20,530     21,947    30,139 
    Cost of company-owned                                                    
     office operations                  17,753   19,887     32,030    37,827 
    Selling, general and administrative  8,314    6,680     35,801    30,580 
    Goodwill Impairment                274,150        -    274,150         - 
    Depreciation and amortization        3,526    3,296     10,560     9,689 
                                         -----    -----     ------     ----- 
          Total expenses               328,039   59,373    397,786   133,168 
                                       -------   ------    -------   ------- 
                                                                             
    (Loss) income from operations     (248,937)  38,417   (309,607)  (26,022)
    Other income/(expense):                                                  
      Interest and other income            691      454      1,922     1,234 
      Interest expense                  (5,825)  (4,197)   (16,262)  (11,422)
                                        ------   ------    -------   ------- 
    (Loss) Income before income taxes (254,071)  34,674   (323,947)  (36,210)
    Provision for (benefit from)                                             
     income taxes                       24,954   13,763     (3,604)  (14,371)
                                        ------   ------     ------   ------- 
                                                                             
    Net (loss) income                $(279,025) $20,911  $(320,343) $(21,839)
                                     =========  =======  =========  ======== 
                                                                             
    (Loss) Earnings per share:                                               
    Basic                               $(9.75)   $0.73    $(11.20)   $(0.77)
                                        ======    =====    =======    ====== 
    Diluted                             $(9.75)   $0.73    $(11.20)   $(0.77)
                                        ======    =====    =======    ====== 
                                                                             
    Weighted average shares outstanding:                                 
    Basic                               28,617   28,489     28,591    28,478 
                                        ======   ======     ======    ====== 
    Diluted                             28,617   28,545     28,591    28,478 
                                        ======   ======     ======    ====== 
    
    
    
                          JACKSON HEWITT TAX SERVICE INC. 
                       CONDENSED CONSOLIDATED BALANCE SHEETS 
                                    (Unaudited) 
                  (Dollars in thousands, except per share amounts) 
                                                                            
                                                           As of            
                                                           -----            
                                             January 31, 2010 April 30, 2009 
                                             ---------------- -------------- 
    Assets                                                                
    Current assets:                                                          
      Cash and cash equivalents                        $7,049           $306 
      Accounts receivable, net of allowance for                              
       doubtful accounts of $3,383 and $1,869,                               
       respectively                                    70,783         24,272 
      Notes receivable, net                             7,570          6,569 
      Prepaid expenses and other                       19,723         14,195 
      Deferred income taxes                             4,482          5,601 
                                                        -----          ----- 
        Total current assets                          109,607         50,943 
                                                                             
    Property and equipment, net                        25,998         27,685 
    Goodwill                                          147,241        418,674 
    Other intangible assets, net                       87,033         87,324 
    Notes receivable, net                               8,114          4,146 
    Other non-current assets, net                      18,178         19,436 
                                                       ------         ------ 
        Total assets                                 $396,171       $608,208 
                                                     ========       ======== 
                                                                             
    Liabilities and Stockholders' (Deficit) Equity                           
    Current liabilities:                                                     
      Accounts payable and accrued liabilities        $30,202        $33,693 
      Current portion of long-term debt                25,000              - 
      Income taxes payable                             34,881         48,305 
      Deferred revenues                                 6,336         10,370 
                                                        -----         ------ 
        Total current liabilities                      96,419         92,368 
                                                                             
    Long-term debt                                    339,000        232,000 
    Deferred income taxes                              22,986         23,589 
    Other non-current liabilities                      12,523         16,587 
                                                       ------         ------ 
        Total liabilities                             470,928        364,544 
                                                      -------        ------- 
                                                                             
    Stockholders' (deficit) equity:                                          
      Common stock, par value $0.01;                                         
       Authorized:  200,000,000 shares;                                      
       Issued:  39,508,562 and 39,290,418                                    
       shares, respectively                               395            393 
      Additional paid-in capital                      389,833        388,136 
      Retained (deficit) earnings                    (158,359)       161,988 
      Accumulated other comprehensive loss             (3,768)        (4,178)
      Less:  Treasury stock, at cost:                                        
             10,739,867 and 10,527,879 shares,                               
             respectively                            (302,858)      (302,675)
                                                     --------       -------- 
        Total stockholders' (deficit) equity          (74,757)       243,664 
                                                      -------        ------- 
        Total liabilities and                                                
         stockholders' (deficit) equity              $396,171       $608,208 
                                                     ========       ======== 
    
    
    
                          JACKSON HEWITT TAX SERVICE INC. 
                     CONDENSED FRANCHISE RESULTS OF OPERATIONS 
                                   (Unaudited) 
                                  (In thousands) 
                                                                       
                                         Three Months Ended  Nine Months Ended
                                             January 31,        January 31,   
                                             -----------        -----------   
                                            2010     2009      2010     2009
                                            ----     ----      ----     ----
    Revenues                                                                 
       Royalty                            $24,575  $29,620   $25,819  $30,893
       Marketing and advertising           10,826   13,089    11,373   13,653
       Financial product fees              12,490   21,182    18,150   26,256
       Other                                1,982    2,027     2,484    3,624
                                            -----    -----     -----    -----
          Total revenues                   49,873   65,918    57,826   74,426
                                           ------   ------    ------   ------
                                                                             
    Expenses                                                                 
    Cost of operations                      8,773    8,980    23,298   24,933
    Marketing and advertising              13,085   17,581    19,280   26,904
    Selling, general and  administrative      822      915     2,727    2,991
    Goodwill Impairment                   223,734        -   223,734        -
    Depreciation and amortization           2,535    2,249     7,485    6,607
                                            -----    -----     -----    -----
          Total expenses                  248,949   29,725   276,524   61,435
                                          -------   ------   -------   ------
                                                                             
    (Loss) income from operations        (199,076)  36,193  (218,698)  12,991
    Other income/(expense):                                                  
       Interest and other income              592      391     1,800    1,130
                                              ---      ---     -----    -----
    (Loss) income before income  taxes  $(198,484) $36,584 $(216,898) $14,121
                                        =========  ======= =========  =======
    
    
    
                         JACKSON HEWITT TAX SERVICE INC. 
               CONDENSED COMPANY-OWNED OFFICE RESULTS OF OPERATIONS 
                                    (Unaudited) 
                                  (In thousands) 
                                                            
                                                
                                        Three Months Ended  Nine Months Ended 
                                            January 31,        January 31,    
                                            -----------        -----------    
                                           2010     2009     2010      2009 
                                           ----     ----     ----      ---- 
    Revenues                                                                 
    Service revenues from operations     $29,229  $31,872  $30,353   $32,720 
                                         -------  -------  -------   ------- 
                                                                             
    Expenses                                                                 
    Cost of operations                    17,753   19,887   32,030    37,827 
    Marketing and advertising              2,438    2,949    2,667     3,235 
    Selling, general and administrative      634      630    2,329     3,293 
    Goodwill Impairment                   50,416        -   50,416         - 
    Depreciation and amortization            991    1,047    3,075     3,082 
                                             ---    -----    -----     ----- 
      Total expenses                      72,232   24,513   90,517    47,437 
                                          ------   ------   ------    ------ 
                                                                             
    (Loss) income from operations        (43,003)   7,359  (60,164)  (14,717)
                                         -------    -----  -------   ------- 
    (Loss) income before income taxes   $(43,003)  $7,359 $(60,164) $(14,717)
                                        ========   ====== ========  ======== 
    
    
    
                          JACKSON HEWITT TAX SERVICE INC. 
                         SELECTED KEY OPERATING STATISTICS  
                                    (Unaudited) 
                                                                             
    Operating Statistics:                                                    
                                        Three Months Ended  Nine Months Ended
                                            January 31,         January 31,  
                                          2010      2009      2010      2009 
                                          ----      ----      ----      ---- 
    Offices:                                                                 
      Franchise operations               5,416     5,637     5,416     5,637 
      Company-owned office operations      960       962       960       962 
                                           ---       ---       ---       --- 
      Total offices - system             6,376     6,599     6,376     6,599 
                                         =====     =====     =====     ===== 
                                                                             
    Tax returns prepared (in thousands):                                     
      Franchise operations                 776       962       826     1,017 
      Company-owned office operations      128       142       133       147 
                                           ---       ---       ---       --- 
      Total tax returns prepared - system  904     1,104       959     1,164 
                                           ===     =====       ===     ===== 
                                                                             
    Average revenues per tax return prepared:                                
      Franchise operations (1)         $232.54   $226.73   $229.56   $223.71 
                                       =======   =======   =======   ======= 
      Company-owned office                                                   
       operations (2)                  $228.51   $224.74   $228.14   $223.01 
                                       =======   =======   =======   ======= 
      Average revenues per tax                                               
       return prepared - system        $231.97   $226.47   $229.36   $223.63 
                                       =======   =======   =======   ======= 
                                                                             
    Financial products (in thousands) (3)  846     1,003       870     1,028 
                                           ===     =====       ===     ===== 
    Average fees per financial                                               
     product (4)                        $14.76    $21.12    $20.86    $25.54 
                                        ======    ======    ======    ====== 
                                                                             
    Notes: 
    (1) Calculated as total revenues earned by the Company's franchisees, 
    which does not represent revenues earned by the Company, divided by the 
    number of tax returns prepared by the Company's franchisees (see 
    calculation below).  The Company earns royalty and marketing and 
    advertising revenues, which represent a percentage of the revenues 
    received by the Company's franchisees. 
    
    (2) Calculated as tax preparation revenues and related fees earned by 
    company-owned offices (as reflected in the Consolidated Statements of 
    Operations) divided by the number of tax returns prepared by company-owned
    offices. 
    
    (3) Consists of refund anticipation loans, assisted refunds and Gold 
    Guarantee(R) products. 
    
    (4) Calculated as revenues earned from financial product fees (as 
    reflected in the Consolidated Statements of Operations) divided by number
    of financial products.  
                                                                             
                                                                             
    
    Calculation of average revenues per tax return prepared in Franchise 
    Operations: 
    
                                       Three Months Ended   Nine Months Ended 
    (dollars in thousands, except          January 31,         January 31,
     per tax return prepared data)       2010      2009      2010      2009 
                                         ----      ----      ----      ---- 
    Total revenues earned by the                                             
     Company's franchisees (A)        $180,433  $218,150  $189,556  $227,555 
                                      --------  --------  --------  -------- 
                                                                             
    Average royalty rate (B)             13.62%    13.58%    13.62%    13.58%
    Marketing and advertising rate (C)    6.00%     6.00%     6.00%     6.00%
                                          ----      ----      ----      ---- 
    Combined royalty and marketing                                           
     and advertising rate (B plus C)     19.62%    19.58%    19.62%    19.58%
                                         =====     =====     =====     ===== 
                                                                             
    Royalty revenues (A times B)       $24,575   $29,620   $25,819   $30,893 
    Marketing and advertising                                                
     revenues (A times C)               10,826    13,089    11,373    13,653 
                                        ------    ------    ------    ------ 
    Total royalty and marketing and                                          
     advertising revenues              $35,401   $42,709   $37,192   $44,546 
                                       =======   =======   =======   ======= 
                                                                             
    Number of tax returns prepared                                           
     by the Company's franchisees (D)      776       962       826     1,017 
                                           ===       ===       ===     ===== 
                                                                             
    Average revenues per tax return                                          
     prepared by the Company's                                               
     franchisees (A divided by D)      $232.54   $226.73   $229.56   $223.71 
                                       =======   =======   =======   ======= 
                                                                             
    ---------------                                                          
    Amounts may not recalculate precisely due to rounding differences. 
    
    
    
                          JACKSON HEWITT TAX SERVICE INC. 
                           CONDENSED CORPORATE AND OTHER 
                                    (Unaudited) 
                                  (In thousands) 
                                                                            
                                      Three Months Ended   Nine Months Ended 
                                          January 31,         January 31,    
                                          -----------         -----------    
                                         2010     2009      2010      2009 
                                         ----     ----      ----      ---- 
    Expenses (a)                                                            
      General and administrative        $5,629   $4,332   $23,400   $19,477 
      Insurance settlement                   -        -         -    (1,500)
      Litigation related matter            575        -       575     2,833 
      Employee termination and                                              
       related expenses                      7      226     4,752       823 
      Share-based compensation             647      577     2,018     2,663 
                                           ---      ---     -----     ----- 
          Total expenses                 6,858    5,135    30,745    24,296 
                                         -----    -----    ------    ------ 
                                                                            
    Loss from operations                (6,858)  (5,135)  (30,745)  (24,296)
    Other income/(expense):                                                 
      Interest and other income             99       63       122       104 
      Interest expense                  (5,825)  (4,197)  (16,262)  (11,422)
                                        ------   ------   -------   ------- 
    Loss before income taxes          $(12,584) $(9,269) $(46,885) $(35,614)
                                      ========  =======  ========  ======== 
                                                                            
    
    (a) Included in selling, general and administrative in the Condensed 
    Consolidated Statements of Operations. 
    
    
    
                         JACKSON HEWITT TAX SERVICE INC. 
                     CONDENSED ADJUSTED RESULTS OF OPERATIONS 
                                   (unaudited) 
                 (dollars in thousands, except per share amounts) 
                                                                             
                                     Three Months Ended   Nine Months Ended  
                                         January 31,         January 31,     
                                         -----------         -----------     
                                        2010     2009       2010      2009 
                                        ----     ----       ----      ---- 
    Net (Loss) income, as reported   $(279,025) $20,911  $(320,343) $(21,839)
    Goodwill Impairment                274,150        -    274,150         - 
    Employee terminations and                                                
     related expenses                        -       57      5,088     1,608 
    Lease termination and related                                            
     expenses, net                         131      140        169     1,675 
    Litigation related matter              575        -        575     2,833 
    Corporate advisory services /                                            
     RAL funding costs                   1,268        -      1,520         - 
    Insurance settlement                     -        -          -    (1,500)
    Deferred tax valuation allowance     9,909        -      9,909         - 
    Adjustment to income taxes           6,059      (78)     3,783    (1,832)
                                         -----      ---      -----    ------ 
    Net income (loss), as adjusted     $13,067  $21,030   $(25,149) $(19,055)
                                       =======  =======   ========  ======== 
                                                                             
                                                                             
    (Loss) Earnings per share, as reported                                   
    Basic                               $(9.75)   $0.73    $(11.20)   $(0.77)
                                        ======    =====    =======    ====== 
    Diluted                             $(9.75)   $0.73    $(11.20)   $(0.77)
                                        ======    =====    =======    ====== 
                                                                             
    Earnings (loss) per share, as adjusted                                   
    Basic                                $0.46    $0.74     $(0.88)   $(0.67)
                                         =====    =====     ======    ====== 
    Diluted                              $0.46    $0.74     $(0.88)   $(0.67)
                                         =====    =====     ======    ====== 
                                                                             
                                                                             
    A "non-GAAP financial measure" is defined as a numerical measure of a 
    company's performance that excludes or includes amounts so as to be 
    different than the most directly comparable measure calculated and 
    presented in accordance with generally accepted accounting principles 
    ("GAAP") in the United States of America.  In the schedule presented 
    above, the Company has included a comparison of such non-GAAP financial 
    measures to the most directly comparable GAAP financial measures.  
    Management believes the above presentation of net income (loss) and 
    earnings (loss) per share on an "as adjusted" basis, which are non-GAAP 
    financial measures, is necessary to reflect the impact of the transactions
    noted above in order to help investors compare, on an equivalent basis, 
    the Company's financial results for the current period presented to its 
    financial results for the same period presented last year.    

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