14. Income Taxes

The current income tax provision represents the estimated amount of income taxes paid or payable for the year, as well as changes in estimates from prior years. The deferred income tax provision represents the change in deferred tax liabilities and assets. The following table presents the significant components of the provision for income taxes for 2013, 2012 and 2011.


	Fiscal Year
In Thousands	2013			2012		2011
Current:
Federal	$	18,938		$	12,871	$	9,295
State		3,221			1,880		2,345

Total current provision	$	22,159		$	14,751	$	11,640

Deferred:
Federal	$	(7,701	)	$	5,667	$	6,636
State		(2,316	)		1,471		1,252

Total deferred provision (benefit)	$	(10,017	)	$	7,138	$	7,888

Income tax expense	$	12,142		$	21,889	$	19,528

The Company’s effective income tax rate, as calculated by dividing income tax expense by income before income taxes, for 2013, 2012 and 2011 was 27.4%, 41.0% and 37.9%, respectively. The Company’s effective tax rate, as calculated by dividing income tax expense by income before income taxes less net income attributable to noncontrolling interest, for 2013, 2012 and 2011 was 30.5%, 44.6% and 40.6%, respectively. The following table provides a reconciliation of income tax expense at the statutory federal rate to actual income tax expense.


	Fiscal Year
In Thousands	2013			2012			2011
Statutory expense	$	15,485		$	18,672		$	18,163
State income taxes, net of federal benefit		1,811			2,191			2,260
Noncontrolling interest — Piedmont		(1,674	)		(1,694	)		(1,479	)
Adjustment for uncertain tax positions		(167	)		761			(221	)
Adjustment for state tax legislation		(2,261	)		0			0
Valuation allowance change		321			1,767			445
Manufacturing deduction benefit		(1,995	)		(1,330	)		(1,190	)
Meals and entertainment		1,127			1,184			1,113
Other, net		(505	)		338			437

Income tax expense	$	12,142		$	21,889		$	19,528

As of December 29, 2013, the Company had $2.8 million of uncertain tax positions, including accrued interest, all of which would affect the Company’s effective rate if recognized. As of December 30, 2012, the Company had $5.5 million of uncertain tax positions, including accrued interest, of which $3.0 million would affect the Company’s effective tax rate if recognized. While it is expected that the amount of uncertain tax positions may change in the next 12 months, the Company does not expect such change would have a significant impact on the consolidated financial statements.

A reconciliation of the beginning and ending balances of the total amounts of uncertain tax positions (excludes accrued interest) is as follows:


	Fiscal Year
In Thousands	2013			2012			2011
Gross uncertain tax positions at the beginning of the year	$	4,950		$	4,281		$	4,386
Increase as a result of tax positions taken during a prior period		55			315			28
Decrease as a result of tax positions taken during a prior period		(33	)		0			0
Increase as a result of tax positions taken in the current period		578			538			641
Reduction as a result of the expiration of the applicable statute of limitations		(2,920	)		(184	)		(774	)

Gross uncertain tax positions at the end of the year	$	2,630		$	4,950		$	4,281

The Company records liabilities for uncertain tax positions related to certain income tax positions. These liabilities reflect the Company’s best estimate of the ultimate income tax liability based on currently known facts and information. Material changes in facts or information as well as the expiration of statute and/or settlements with individual tax jurisdictions may result in material adjustments to these estimates in the future.

The Company recognizes potential interest and penalties related to uncertain tax positions in income tax expense. As of December 29, 2013 and December 30, 2012, the Company had $0.2 million and $0.5 million, respectively, of accrued interest related to uncertain tax positions. Income tax expense included an interest credit of $0.3 million in 2013, an interest expense of $0.1 million in 2012 and an interest credit of $15,000 in 2011 due to adjustments in the liability for uncertain tax positions.

In the third quarter of 2013, 2012 and 2011, the Company reduced its liability for uncertain tax positions by $3.4 million, $0.2 million and $0.9 million, respectively. The net effect of the adjustments was a decrease to income tax expense in 2013, 2012 and 2011 of $0.9 million, $0.2 million and $0.9 million, respectively. The reduction of the liability for uncertain tax positions during these years was primarily due to the expiration of the applicable statute of limitations.

The American Taxpayer Relief Act (“Act”) was signed into law on January 2, 2013. The Act approved a retroactive extension of certain favorable business and energy tax provisions that had expired at the end of 2011 that are applicable to the Company. The Company recorded a reduction to income tax expense totaling $0.4 million related to the Act in 2013, which is included in the other, net line of the reconciliation of income tax expense at the statutory federal rate to actual income tax expense table.

During 2013, state tax legislation was enacted that reduces the corporate tax rate in that state from 6.9% to 6.0% effective January 1, 2014. A further reduction to the corporate tax rate from 6.0% to 5.0% will become effective January 1, 2015. This reduction in the corporate tax rate decreased the Company’s income tax expense by approximately $2.3 million in 2013 due to the impact on the Company’s net deferred tax liabilities.

Tax years from 2010 remain open to examination by the Internal Revenue Service, and various tax years from 1995 remain open to examination by certain state tax jurisdictions to which the Company is subject due to loss carryforwards.

On September 13, 2013, the Internal Revenue Service and the United States Treasury Department issued final tax regulations that provide guidance regarding the deduction and capitalization of expenditures related to tangible property. The Company does not expect these final tax regulations to have a material impact on the Company’s consolidated financial statements.

The Company’s income tax assets and liabilities are subject to adjustment in future periods based on the Company’s ongoing evaluations of such assets and liabilities and new information that becomes available to the Company.

Deferred income taxes are recorded based upon temporary differences between the financial statement and tax bases of assets and liabilities and available net operating loss and tax credit carryforwards. Temporary differences and carryforwards that comprised deferred income tax assets and liabilities were as follows:


In Thousands	Dec. 29, 2013			Dec. 30, 2012
Intangible assets	$	122,608		$	124,661
Depreciation		68,748			71,040
Investment in Piedmont		42,071			41,985
Inventory		10,082			10,322
Prepaid expenses		4,357			4,391
Patronage dividend		4,046			3,858
Debt exchange premium		1,085			1,585
Other		446			310

Deferred income tax liabilities		253,443			258,152

Deferred compensation		(40,152	)		(39,518	)
Postretirement benefits		(25,892	)		(27,596	)
Accrued liabilities		(13,451	)		(13,227	)
Pension (nonunion)		(9,919	)		(29,216	)
Capital lease agreements		(6,201	)		(6,042	)
Net operating loss carryforwards		(5,372	)		(5,718	)
Pension (union)		(3,606	)		(3,777	)
Other		(2	)		(34	)

Deferred income tax assets		(104,595	)		(125,128	)

Valuation allowance for deferred tax assets		3,553			3,231
Net current income tax asset		(1,007	)		(4,710	)

Net noncurrent deferred income tax liability	$	153,408		$	140,965

Note:

Net current income tax asset from the table is included in prepaid expenses and other current assets on the consolidated balance sheets.

Valuation allowances are recognized on deferred tax assets if the Company believes that it is more likely than not that some or all of the deferred tax assets will not be realized. The Company believes the majority of the deferred tax assets will be realized due to the reversal of certain significant temporary differences and anticipated future taxable income from operations.

The valuation allowance of $3.5 million, of which $0.2 million is included with the net current tax asset, as of December 29, 2013 and $3.2 million as of December 30, 2012, respectively, was established primarily for certain net operating loss carryforwards which expire in varying amounts through 2032.