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INCOME TAXES
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
A summary of the provision (benefit) for income taxes is as follows:
 Fiscal Year Ended
December 31,
 202220212020
Federal
Current$— $— $(951)
Deferred15,645 12,356 (35,177)
15,645 12,356 (36,128)
State
Current5,362 1,873 435 
Deferred880 2,717 (17,111)
6,242 4,590 (16,676)
Provision (benefit) for income taxes$21,887 $16,946 $(52,804)
On a periodic basis, we reassess the valuation allowance on our deferred income tax assets, weighing positive and negative evidence to assess the recoverability of the deferred tax assets. In the fourth quarter of fiscal year 2020, we assessed the valuation allowance and considered positive evidence, including significant cumulative consolidated income over the three years ended December 31, 2020, revenue growth and expectations of future profitability, and negative evidence, including the impact of a negative change in the economic climate, significant risks and uncertainties in the business and restrictions on tax loss utilization in certain state jurisdictions. After assessing both the positive evidence and the negative evidence, we determined it was more likely than not that the majority of our deferred tax assets would be realized in the future and released the valuation allowance on the majority of our net operating loss carryforwards and other deferred tax assets as of December 31, 2020, resulting in a benefit from income taxes of $61,317. Following reassessment in fiscal year 2021 and fiscal year 2022, our judgement with regard to the realizability of our deferred tax assets remains consistent. As of December 31, 2022, we maintained a valuation allowance of $4,668 primarily related to deferred tax assets that would generate capital losses when realized and deferred tax assets related to certain state jurisdictions.
In assessing the realizability of carryforwards and other deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. We adjust the valuation allowance in the period management determines it is more likely than not that deferred tax assets will or will not be realized. The change in the valuation allowance was a decrease of $1,814 for fiscal year 2022 primarily due to changes in state laws related to the utilization of net operating losses. In determining the need for a valuation allowance, we have assessed the available means of recovering deferred tax assets, including the ability to carryback net operating losses, the existence of reversing temporary differences, and available sources of future taxable income. We have also considered the ability to implement certain strategies,
such as a potential sale of assets that would, if necessary, be implemented to accelerate taxable income and use expiring deferred tax assets.
The differences in the provision (benefit) for income taxes and the amounts determined by applying the Federal statutory rate to income before income taxes are as follows:
 Fiscal Year Ended
December 31,
 202220212020
Federal statutory rate21 %21 %21 %
Tax at statutory rate$15,743 $12,190 $8,043 
State income taxes, net of federal benefit6,087 3,868 1,615 
Change in valuation allowance(1,425)(388)(61,317)
Federal effect of change in state valuation allowance282 74 3,803 
Non-deductible officer compensation1,300 1,338 487 
Non-deductible expenses782 322 656 
Deductible stock awards(627)(363)(3,790)
Tax credits(83)(153)(130)
Deferred tax adjustments— — (2,047)
Other, net(172)58 (124)
Provision (benefit) for income taxes$21,887 $16,946 $(52,804)
Deferred income taxes reflect the impact of temporary differences between the amounts of assets and liabilities recognized for financial reporting purposes and such amounts recognized for income tax purposes. A summary of deferred tax assets and liabilities is as follows:
 December 31,
 20222021
Deferred tax assets:
Accrued expenses and reserves$43,437 $41,723 
Net operating loss carryforwards13,398 24,177 
General business and state tax credit carryforwards6,987 7,617 
Stock awards2,728 3,436 
Unrealized loss on swaps— 1,461 
Other2,419 2,264 
Total deferred tax assets68,969 80,678 
Less: valuation allowance(4,668)(6,094)
Total deferred tax assets after valuation allowance64,301 74,584 
Deferred tax liabilities:
Amortization of intangibles(17,252)(18,042)
Unrealized gain on swaps(3,022)— 
Tax over book depreciation of property and equipment(21,561)(13,297)
Other— (156)
Total deferred tax liabilities(41,835)(31,495)
Net deferred tax asset $22,466 $43,089 
The net deferred tax asset at December 31, 2022 is reflected on the consolidated balance sheet as a long-term deferred federal and state tax asset of $22,903 and a long-term deferred state tax liability of $(437).
As of December 31, 2022, we have, for federal income tax purposes, net operating loss carryforwards of approximately $5,864 that expire in the fiscal years ending December 31, 2032 through 2037 and $46,453, which do not expire. We have state net operating loss carryforwards of approximately $29,306 that expire in the fiscal years ending December 31, 2023 through 2041 or that do not expire in certain jurisdictions. In addition, we have $6,663 general business credit carryforwards which expire in the fiscal years ending December 31, 2023 through 2041 and $411 state credit carryforwards which expire in fiscal years ending December 31, 2038 through 2039. Sections 382 and 383 of the Internal Revenue Code can limit the amount of net operating loss and credit carryforwards which may be used in a tax year in the event of certain stock ownership changes. With the exception of $1,756 federal net operating losses we acquired through acquisitions, we are not currently subject to these limitations but could become subject to them if there were significant changes in the ownership of our stock.
The provisions of FASB ASC 740-10-25-5 prescribe the minimum recognition threshold that a tax position is required to meet before being recognized in the financial statements. Additionally, FASB ASC 740-10-25-5 provides guidance on derecognition, measurement, classification, interest and penalties, accounting in interim periods, disclosure and transition. Under FASB ASC 740-10-25-5, an entity may only recognize or continue to recognize tax positions that meet a “more likely than not” threshold. To the extent interest and penalties are not assessed with respect to uncertain tax positions, amounts accrued are reflected as a reduction of the overall income tax provision. As of December 31, 2022 and 2021, we did not have any uncertain tax positions.
We are subject to U.S. federal income tax, as well as the income tax of multiple state jurisdictions. For federal tax purposes, income tax returns from years ending 2019 through 2022 are open for assessment. Tax years 1998 through 2018 are open for examination to the extent of any NOLs or credits that have been carried forward from those years.