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INCOME TAXES | 12 Months Ended
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Dec. 31, 2023
Income Tax Disclosure [Abstract] |
INCOME TAXES | INCOME TAXES A summary of the provision for income taxes is as follows:
| Fiscal Year Ended December 31,
| 2023 |  | 2022 |  | 2021
Federal |  |  |  |  |
Deferred | 8,155 |  |  | 15,645 |  |  | 12,356 |
| 8,155 |  |  | 15,645 |  |  | 12,356 |
State |  |  |  |  |
Current | 4,385 |  |  | 5,362 |  |  | 1,873 |
Deferred | (894) |  |  | 880 |  |  | 2,717 |
| 3,491 |  |  | 6,242 |  |  | 4,590 |
Provision for income taxes | $ | 11,646 |  |  | $ | 21,887 |  |  | $ | 16,946 |
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 years 2021, 2022 and 2023, our judgement with regard to the realizability of our deferred tax assets remains consistent. As of December 31, 2023, we maintained a valuation allowance of $5,580 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 for fiscal year 2023 was an increase of $912. 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 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,
| 2023 |  | 2022 |  | 2021
Federal statutory rate | 21 | % |  | 21 | % |  | 21 | %
Tax at statutory rate | $ | 7,779 |  |  | $ | 15,743 |  |  | $ | 12,190 |
State income taxes, net of federal benefit | 1,383 |  |  | 6,087 |  |  | 3,868 |
Change in valuation allowance | 912 |  |  | (1,425) |  |  | (388) |
Federal effect of change in state valuation allowance | (312) |  |  | 282 |  |  | 74 |
Non-deductible officer compensation | 996 |  |  | 1,300 |  |  | 1,338 |
Non-deductible expenses | 809 |  |  | 782 |  |  | 322 |
Deductible stock awards | (963) |  |  | (627) |  |  | (363) |
Tax credits | (60) |  |  | (83) |  |  | (153) |
Reversal of disproportionate tax effects in other comprehensive (loss) income | 938 |  |  | — |  |  | — |
Other, net | 164 |  |  | (172) |  |  | 58 |
Provision for income taxes | $ | 11,646 |  |  | $ | 21,887 |  |  | $ | 16,946 |
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,
| 2023 |  | 2022
Deferred tax assets: |  |  |
Accrued expenses and reserves | $ | 49,339 |  |  | $ | 43,437 |
Net operating loss carryforwards | 30,165 |  |  | 13,398 |
General business and state tax credit carryforwards | 6,862 |  |  | 6,987 |
Interest expense limitation | 6,690 |  |  | — |
Stock awards | 2,690 |  |  | 2,728 |
Unrealized loss on swaps | 375 |  |  | — |
Other | 1,567 |  |  | 2,419 |
Total deferred tax assets | 97,688 |  |  | 68,969 |
Less: valuation allowance | (5,580) |  |  | (4,668) |
Total deferred tax assets after valuation allowance | 92,108 |  |  | 64,301 |
Deferred tax liabilities: |  |  |
Tax over book depreciation of property and equipment | (58,927) |  |  | (21,561) |
Amortization of intangibles | (22,540) |  |  | (17,252) |
Unrealized gain on swaps | — |  |  | (3,022) |
Other | (44) |  |  | — |
Total deferred tax liabilities | (81,511) |  |  | (41,835) |
Net deferred tax asset | $ | 10,597 |  |  | $ | 22,466 |
The net deferred tax asset at December 31, 2023 is reflected on the consolidated balance sheet as a long-term deferred federal and state tax asset of $11,224 and a long-term deferred state tax liability of $(627). As of December 31, 2023, we have, for federal income tax purposes, net operating loss carryforwards of approximately $7,152 that expire in the fiscal years ending December 31, 2032 through 2037 and $125,665, which do not expire. We have state net operating loss carryforwards of approximately $28,262 that expire in the fiscal years ending December 31, 2024 through 2043 or that do not expire in certain jurisdictions. In addition, we have $6,722 general business credit carryforwards which expire in the fiscal years ending December 31, 2024 through 2043 and $176 state credit carryforwards which expire in fiscal year ending December 31, 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, 2023 and 2022, 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 2020 through 2023 are open for assessment. Tax years 1998 through 2019 are open for examination to the extent of any NOLs or credits that have been carried forward from those years.

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