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Jackson Hewitt Reports Fiscal 2011 Second Quarter Results

Adjusted Net Loss of $0.66 Per Basic and Diluted Share

Preparations for 2011 Tax Season in High Gear


News provided by

Jackson Hewitt Tax Service Inc.

Dec 10, 2010, 07:00 ET

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PARSIPPANY, N.J., Dec. 10, 2010 /PRNewswire-FirstCall/ -- Jackson Hewitt Tax Service Inc. ("Jackson Hewitt") (NYSE: JTX) today reported a net loss of $19.4 million, or $0.67 per basic and diluted share for the second quarter of fiscal 2011, versus a net loss of $19.5 million in the second quarter of fiscal 2010, or $0.68 per basic and diluted share.  On an adjusted basis, Jackson Hewitt's net loss in the 2011 second quarter was $19.0 million, or $0.66 per basic and diluted share, versus an adjusted net loss of $18.9 million, or $0.66 per basic and diluted share, in the year ago quarter.  A schedule entitled Condensed Adjusted Results of Operations, which reconciles the reported and adjusted results, accompanies this earnings release.

Jackson Hewitt has historically generated approximately 4% of its total annual revenues in each of the first two fiscal quarters due to the seasonal nature of the tax return preparation business.  Additionally, Jackson Hewitt typically incurs a net loss during the first and second fiscal quarters.

Reported consolidated total revenues in the 2011 second quarter were $3.5 million, versus $4.0 million in the 2010 second quarter.

"Our preparations for the 2011 tax season are in high gear," stated Harry W. Buckley, president and chief executive officer of Jackson Hewitt.  "We successfully expanded our refund anticipation loan ('RAL') product coverage versus last year to approximately 80% of anticipated volume.  We have achieved this level of national coverage by allocating offices based on volume, while ensuring that every franchisee will have coverage under our RAL program.  We continue to successfully work with Walmart to implement operational improvements designed to drive more clients to our kiosks under our exclusive national arrangement.  Lastly, we are moving ahead with the rollout of our new franchise agreement, which provides various incentives aimed at enhancing growth and profitability for both our franchisees and Jackson Hewitt.  As a result of the progress we have made, we are better positioned to successfully compete in the 2011 tax season."

Franchise Operations

Reported revenues in the 2011 second quarter were $3.2 million, versus $3.5 million in the 2010 second quarter.  The revenue decrease of $0.3 million in the second quarter this year versus the year ago quarter primarily resulted from lower financial product fees, reflecting a decline in Gold Guarantee® product revenues, as well as lower royalty and territory sales revenues.  

The majority of financial product fees earned in the first and second quarters of each year relate to sales of the Gold Guarantee® product from prior tax seasons that are amortized into revenue over the term of the contract.  These product sales have been lower due to the reduction in related tax returns in recent years.

Territory sales through the first six months of the 2011 fiscal year totaled 30, versus 116 territory sales over the same period last fiscal year.  The higher number of territory sales last year reflects the first year of activity in connection with Jackson Hewitt's expanded Walmart relationship.  All of these territories were sold in the second quarter of each respective year, and nearly all of the territory sales in each fiscal second quarter were related to expansion of Jackson Hewitt's Walmart distribution channel.  Throughout this period, a special incentive program provided franchisees the opportunity to open up Walmart markets in new territories at a lower purchase price and allowed for the purchase obligation to be due and payable over the period of our relationship with Walmart.

Reported total expenses in the franchise segment were $12.4 million in the 2011 second quarter, versus $14.0 million in the 2010 second quarter.  The year-over-year expense improvement was primarily due to lower television advertising production expenses in connection with this year's marketing and advertising program, as well as lower headcount versus last year's second quarter.  

Company-Owned Offices

Reported service revenues from operations in the company-owned offices segment were $0.2 million, versus $0.5 million in the year ago quarter.  The $0.3 million revenue reduction year-over-year was primarily related to reduced Gold Guarantee® product revenues.  Reported total expenses in the 2011 second quarter were $8.6 million, versus $9.3 million in the 2010 second quarter, primarily reflecting reduced selling, general and administrative expense resulting from decreased headcount versus last year's second quarter.  The 2010 second quarter included a $0.1 million charge related to employee termination and related expenses.  In total, the reported loss before income taxes in the company-owned offices segment in the 2011 second quarter decreased to $8.4 million, versus $8.7 million in the year ago quarter.

Corporate and Other

On a reported basis, the corporate and other loss before income taxes was $19.7 million in the 2011 second quarter, versus a reported loss before income taxes of $14.3 million in the 2010 second quarter.  Reported pre-tax interest expense was $5.8 million higher in the 2011 second quarter than the year ago quarter primarily due to the accrual of non-cash, payment in kind ("PIK") interest resulting from the Credit Agreement amendment that was completed on April 30, 2010.  The 2011 second quarter included a $0.7 million charge related to certain corporate advisory services.  The 2010 second quarter included a $0.5 million charge related to employee termination and related expenses, and a $0.1 million charge in connection with certain corporate advisory services.

Bank Partner Agreements in Place for 2011 Tax Season

Under Jackson Hewitt's amended agreement with Republic Bank & Trust Company ("Republic"), which was entered into on September 30, 2010, the number of Jackson Hewitt offices making Republic financial products (RAL and Assisted Refund) available will remain the same in the upcoming tax season.  However, Jackson Hewitt will be allowed to substitute offices, subject to Republic approval, thereby allowing Jackson Hewitt to more optimally select offices to offer financial products.  Jackson Hewitt has provided Republic with a list of offices to offer financial products for the 2011 tax season.  Accordingly, during the 2011 tax season, Jackson Hewitt expects that Republic will provide financial products covering approximately 80% of the anticipated system-wide volume requirements for RAL and Assisted Refund products.  Jackson Hewitt has also secured additional Assisted Refund product through an agreement with Santa Barbara Tax Products Group, which results in the achievement of 100% national coverage of its offices for the upcoming tax season.

Analyst Conference Call

Harry W. Buckley, president and chief executive officer, and Daniel P. O'Brien, executive vice president and chief financial officer, will host an analyst conference call this morning, Friday, December 10, 2010, at 8:30 a.m. (EST), to discuss the fiscal 2011 second quarter results and preparations for the 2011 tax season.  Please visit the investor relations tab of the Company'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.

Based in Parsippany, N.J., Jackson Hewitt Tax Service Inc. (NYSE: JTX) is an industry leading provider of full service individual federal and state income tax preparation, with franchised and company-owned office locations throughout the United States.  Jackson Hewitt Tax Service® also offers an online tax preparation product at www.jacksonhewittonline.com.  For more information, or to locate the Jackson Hewitt® office nearest to you, visit www.jacksonhewitt.com or call 1-800-234-1040.  Jackson Hewitt can also be found on Facebook and Twitter.

Forward-Looking Statements

This press release contains statements, including, without limitation, those statements related to expected RAL and Assisted Refund coverage for the 2011 tax season, the impact of operational improvements to the Walmart program, and the progress and expected benefits of the rollout of the new franchise agreement renewal program and Jackson Hewitt's success in executing on its operating plans, 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; ability to improve Jackson Hewitt's distribution system; government legislation and regulation of the tax return preparation industry and related financial products, including refund anticipation loans, and the failure by us, or the financial institutions which provide financial products to Jackson Hewitt's customers, to comply with such legal and regulatory requirements; the success of Jackson Hewitt's franchised offices; Jackson Hewitt's customers' ability to obtain financial products through Jackson Hewitt's 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; Jackson Hewitt's compliance with credit facility covenants; compliance with the NYSE's continued listing standards; Jackson Hewitt's ability to continue to operate as a going concern; Jackson Hewitt's ability to 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; Jackson Hewitt's ability to exercise control over the operations of its franchisees; 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; 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; the seasonality of Jackson Hewitt's business; 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 us; Jackson Hewitt's reliance on cash flow from subsidiaries; 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; Jackson Hewitt's ability to maintain an effective system of internal controls; impairment charges related to goodwill; the credit market crisis; 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/A for the fiscal year ended April 30, 2010, 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

Michael J. LaCosta

Vice President, Treasury and Investor Relations

Director of Public Relations

973-630-0809

973-630-0680

JACKSON HEWITT TAX SERVICE INC.

CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS

(Unaudited)

(In thousands, except per share amounts)
















Three Months Ended


Six Months Ended





October 31,


October 31,





2010


2009


2010


2009

Revenues









Franchise operations revenues:










Royalty

$                                     632


$                                       688


$                                  1,219


$                                    1,244


Marketing and advertising

278


302


536


547


Financial product fees

2,244


2,340


5,125


5,660


Other

86


166


249


502

Service revenues from company-owned office operations

237


536


770


1,124


   Total revenues

3,477


4,032


7,899


9,077












Expenses









Cost of franchise operations

7,121


7,037


16,389


14,525

Marketing and advertising

2,261


3,409


4,633


6,424

Cost of company-owned office operations

7,304


7,281


13,866


14,277

Selling, general and administrative

9,568


10,761


19,028


27,487

Depreciation and amortization

3,249


3,709


6,565


7,034


   Total expenses

29,503


32,197


60,481


69,747












Loss from operations

(26,026)


(28,165)


(52,582)


(60,670)

Other income/(expense):










Interest and other income

796


633


1,725


1,231


Interest expense

(11,196)


(5,408)


(21,567)


(10,437)

Loss before income taxes

(36,426)


(32,940)


(72,424)


(69,876)

Benefit from income taxes

17,004


13,462


33,808


28,558












Net loss

$                              (19,422)


$                                (19,478)


$                              (38,616)


$                                (41,318)












Loss per share:









Basic and Diluted

$                                  (0.67)


$                                    (0.68)


$                                  (1.34)


$                                    (1.45)












Weighted average shares outstanding:









Basic and Diluted

28,840


28,598


28,791


28,578

JACKSON HEWITT TAX SERVICE INC.

CONDENSED CONSOLIDATED BALANCE SHEETS

(Unaudited)

(Dollars in thousands, except per share amounts)










As of




October 31, 2010


April 30, 2010

Assets





Current assets:





Cash and cash equivalents

$                                2,775


$                            10,846


Accounts receivable, net of allowance for doubtful accounts






of $3,174 and $4,910, respectively

14,405


24,161


Notes receivable, net

5,741


5,827


Restricted cash

1,360


1,195


Prepaid expenses and other

17,165


17,447


Deferred income taxes

2,017


2,049



Total current assets

43,463


61,525







Property and equipment, net

22,170


24,575

Goodwill

148,873


148,873

Other intangible assets, net

86,435


87,125

Notes receivable, net

2,981


3,282

Other non-current assets, net

12,064


21,044



Total assets

$                            315,986


$                          346,424







Liabilities and Stockholders' Equity




Current liabilities:





Accounts payable and accrued liabilities

$                              16,372


$                            16,519


Current portion of long-term debt

322,664


30,000


Income taxes payable

5,811


41,056


Deferred revenues

6,175


7,440



Total current liabilities

351,022


95,015







Long-term debt

-


244,000

Deferred income taxes

20,840


19,128

Other non-current liabilities

6,518


13,416



Total liabilities

378,380


371,559







Stockholders' deficit:





Common stock, par value $0.01; Authorized:  200,000,000 shares;






Issued:  39,753,757 and 39,508,562 shares, respectively

395


395


Additional paid-in capital

391,129


390,400


Retained deficit

(148,883)


(110,271)


Accumulated other comprehensive loss

(2,131)


(2,801)


Less:  Treasury stock, at cost:  10,776,289 and 10,746,683 shares, respectively

(302,904)


(302,858)



Total stockholders' deficit

(62,394)


(25,135)



Total liabilities and stockholders' deficit

$                            315,986


$                          346,424













JACKSON HEWITT TAX SERVICE INC.

CONDENSED FRANCHISE RESULTS OF OPERATIONS

(Unaudited)

(In thousands)
















Three Months Ended


Six Months Ended





October 31,


October 31,





2010


2009


2010


2009












Revenues











Royalty


$                                 632


$                                688


$                          1,219


$                             1,244


Marketing and advertising


278


302


536


547


Financial product fees


2,244


2,340


5,125


5,660


Other


86


166


249


502


   Total revenues


3,240


3,496


7,129


7,953












Expenses










Cost of operations

7,121


7,037


16,389


14,525

Marketing and advertising

2,168


3,276


4,473


6,195

Selling, general and administrative

757


1,054


1,313


1,905

Depreciation and amortization

2,332


2,657


4,691


4,950


   Total expenses


12,378


14,024


26,866


27,575












Loss from operations


(9,138)


(10,528)


(19,737)


(19,622)

Other income/(expense):










Interest and other income


799


610


1,718


1,208

Loss before income taxes


$                             (8,339)


$                            (9,918)


$                       (18,019)


$                         (18,414)

JACKSON HEWITT TAX SERVICE INC.

CONDENSED COMPANY-OWNED OFFICE RESULTS OF OPERATIONS

(Unaudited)

(In thousands)
















Three Months Ended


Six Months Ended





October 31,


October 31,





2010


2009


2010


2009












Revenues










Service revenues from operations

$                                  237


$                             536


$                                  770


$                              1,124












Expenses










Cost of operations

7,304


7,281


13,866


14,277

Marketing and advertising

93


133


160


229

Selling, general and administrative

335


800


1,098


1,695

Depreciation and amortization

917


1,052


1,874


2,084


Total expenses

8,649


9,266


16,998


18,285












Loss from operations

(8,412)


(8,730)


(16,228)


(17,161)

Loss before income taxes

$                              (8,412)


$                        (8,730)


$                            (16,228)


$                           (17,161)

JACKSON HEWITT TAX SERVICE INC.

CONDENSED CORPORATE AND OTHER

(Unaudited)

(In thousands)
















Three Months Ended


Six Months Ended





October 31,


October 31,





2010


2009


2010


2009












Expenses (a)











General and administrative

$                                5,605


$                               4,916


$                              10,631


$                               9,899


Employee termination and related expenses

-


489


-


4,745


Consulting expenses

976


838


2,463


3,106


External legal fees

1,336


2,095


2,433


4,766


Share-based compensation


559


569


1,090


1,371


   Total expenses

8,476


8,907


16,617


23,887












Loss from operations

(8,476)


(8,907)


(16,617)


(23,887)

Other income/(expense):










Interest and other income

(3)


23


7


23


Interest expense

(11,196)


(5,408)


(21,567)


(10,437)

Loss before income taxes

$                             (19,675)


$                           (14,292)


$                             (38,177)


$                           (34,301)












(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


Six Months Ended




October 31,


October 31,




2010


2009


2010


2009





















Net loss, as reported

$                      (19,422)


$                  (19,478)


$                      (38,616)


$                  (41,318)

Employee termination and related expenses

-


796


-


5,081

Corporate advisory services

727


126


1,763


252

Adjustment to income taxes

(339)


(377)


(823)


(2,180)

Net loss, as adjusted

$                      (19,034)


$                  (18,933)


$                      (37,676)


$                  (38,165)





















Loss per share, as reported









Basic and Diluted

$                          (0.67)


$                      (0.68)


$                          (1.34)


$                      (1.45)











Loss per share, as adjusted









Basic and Diluted

$                          (0.66)


$                      (0.66)


$                          (1.31)


$                      (1.34)

SOURCE Jackson Hewitt Tax Service Inc.

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