Note 19.

Income Taxes

The company’s provision for income tax expense consists of the following for fiscal years 2013, 2012 and 2011:


	Fiscal 2013			Fiscal 2012		Fiscal 2011
	(Amounts in thousands)
Current Taxes:
Federal	$	73,669		$	54,599	$	60,129
State		11,325			6,602		10,109

		84,994			61,201		70,238

Deferred Taxes:
Federal		7,970			9,703		(1,492	)
State		(1,485	)		1,747		(208	)

		6,485			11,450		(1,700	)

Income tax expense	$	91,479		$	72,651	$	68,538

Income tax expense differs from the amount computed by applying the U.S. federal income tax rate (35%) because of the effect of the following items for fiscal years 2013, 2012, and 2011:


	Fiscal 2013			Fiscal 2012			Fiscal 2011
	(Amounts in thousands)
Tax at U.S. federal income tax rate	$	112,831		$	73,070		$	67,188
State income taxes, net of federal income tax benefit		6,396			5,427			6,546
Section 199 qualifying production activities benefit		(7,022	)		(5,407	)		(5,645	)
Bargain purchase		(17,524	)		—			—
Other		(3,202	)		(439	)		449

Income tax expense	$	91,479		$	72,651		$	68,538

Deferred tax assets (liabilities) are comprised of the following:


	December 28, 2013			December 29, 2012
	(Amounts in thousands)
Self-insurance	$	7,227		$	5,633
Compensation and employee benefits		13,558			11,612
Deferred income		7,397			6,697
Loss and credit carryforwards		27,055			31,187
Equity-based compensation		14,402			12,198
Hedging		7,158			2,578
Pension		10,822			54,843
Postretirement benefits		7,595			7,805
Other		16,084			13,453
Deferred tax assets valuation allowance		(2,895	)		(4,545	)

Deferred tax assets		108,403			141,461

Depreciation		(86,235	)		(88,494	)
Intangible assets		(67,923	)		(60,304	)
Bargain purchase		(31,345	)		—
Other		(3,250	)		(2,671	)

Deferred tax liabilities		(188,753	)		(151,469	)

Net deferred tax (liability) asset	$	(80,350	)	$	(10,008	)

The company’s effective tax rate was impacted by the bargain purchase gain on acquisition, which was recorded net of deferred taxes as a component of income before income taxes. The gain was treated as a permanent item in the tax provision, and favorably impacts the rate by approximately 5.2%. On September 13, 2013, the IRS and Treasury released final regulations regarding the deduction and capitalization of expenditures related to tangible property. The company is in the process of evaluating the impact of these regulations and does not expect a material impact to the financial statements. Tax legislation adopted in January 2013 had an immaterial impact on the rate.

The company has a deferred tax asset of $15.7 million related to a federal net operating loss carryforward which we expect to fully utilize. Additionally, the company and various subsidiaries have a net deferred tax asset of $9.9 million related to state net operating loss carryforwards with expiration dates through fiscal 2025. The utilization of a portion of these state carryforwards could be limited in the future; therefore, a valuation allowance has been recorded. Should the company determine at a later date that certain of these losses which have been reserved for may be utilized, a benefit may be recognized in the Consolidated Statements of Income. Likewise, should the company determine at a later date that certain of these net operating losses for which a deferred tax asset has been recorded may not be utilized, a charge to the Consolidated Statements of Income may be necessary.

The gross amount of unrecognized tax benefits was $4.8 million and $7.3 million as of December 28, 2013 and December 29, 2012, respectively. This decrease is primarily due to the expiration of the statute of limitations on several previously unrecognized tax benefits. These amounts are exclusive of interest accrued and are recorded in other long-term liabilities on the Consolidated Balance Sheet. If recognized, the $4.8 million (less $1.1 million related to tax imposed in other jurisdictions) would impact the effective rate.

The company accrues interest expense and penalties related to income tax liabilities as a component of income before taxes. No accrual of penalties is reflected on the company’s balance sheet as the company believes the accrual of penalties is not necessary based upon the merits of its income tax positions. The company had an accrued interest balance of approximately $0.7 million and $0.7 million at December 28, 2013 and December 29, 2012, respectively.

The company defines the federal jurisdiction as well as various state jurisdictions as “major” jurisdictions. With limited exceptions, the company is no longer subject to federal or state examinations for years prior to 2010.

At this time, we do not anticipate material changes to the amount of gross unrecognized tax benefits over the next twelve months.

The following is a reconciliation of the total amounts of unrecognized tax benefits for fiscal years 2013, 2012 and 2011:


	Fiscal 2013			Fiscal 2012			Fiscal 2011
	(Amounts in thousands)
Unrecognized tax benefit at beginning of fiscal year	$	7,304		$	8,709		$	4,823
Gross increases — tax positions in a current period		—			331			876
Gross increases — acquisitions		500			—			3,863
Lapses of statutes of limitations		(2,995	)		(1,736	)		(853	)

Unrecognized tax benefit at end of fiscal year	$	4,809		$	7,304		$	8,709