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Income Taxes (Tables) | 12 Months Ended
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Dec. 30, 2022
Income Tax Disclosure [Abstract] |
Schedule of provision for income taxes | The provision for income taxes consists of the following:
|  | Fiscal Year Ended
|  | December 30, 2022 |  | December 24, 2021 |  | December 25, 2020
Current income tax expense (benefit): |  |  |  |  |  |
Federal |  | $ | 1,665 |  |  | $ | (285) |  |  | $ | (21,877) |
Foreign |  | 208 |  |  | — |  |  | — |
State |  | 2,665 |  |  | 277 |  |  | (408) |
Total current income tax expense (benefit) |  | 4,538 |  |  | (8) |  |  | (22,285) |
Deferred income tax expense (benefit): |  |  |  |  |  |
Federal |  | 9,571 |  |  | (2,002) |  |  | (10,740) |
Foreign |  | (4) |  |  | (22) |  |  | 50 |
State |  | 34 |  |  | 179 |  |  | (7,728) |
Total deferred income tax expense (benefit) |  | 9,601 |  |  | (1,845) |  |  | (18,418) |
Total income tax expense (benefit) |  | $ | 14,139 |  |  | $ | (1,853) |  |  | $ | (40,703) |
In response to the Pandemic, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law on March 27, 2020. Among other provisions it allows for the carryback of federal net operating losses generated in 2020 to five preceding years and a refundable Employee Retention Tax Credit (“ERTC”) to eligible employers. The Company’s fiscal 2020 income tax provision reflects the impact of an expected income tax refund receivable of $21,250 which is reflected in prepaid expenses and other current assets on the Company’s consolidated balance sheets as of December 30, 2022 and December 24, 2021, as a result of the five year carryback allowed under the CARES Act. During the second quarter of fiscal 2021, the Company recognized a receivable of $1,418 related to the ERTC which is presented within prepaid expenses and other current assets on the consolidated balance sheet and the related expense reduction is presented within selling, general and administrative expenses on the consolidated statements of operations. The IRS is experiencing significant processing delays driven by an increase in net operating loss carryback requests as a result of the CARES Act, along with other factors. As a result, the processing and expected receipt of the federal income tax refund receivable and ERTC receivable have been significantly delayed. The Company is currently working with IRS Taxpayer’s Advocate Services and consultants to resolve the processing issue. While progress has been made with the IRS and the Company expects to receive the refunds within one year, the exact timing of receipt is difficult to predict.
Schedule of income tax reconciliation | Income tax expense (benefit) differed from amounts computed using the statutory federal income tax rate due to the following reasons:
|  | Fiscal Year Ended
|  | December 30, 2022 |  | December 24, 2021 |  | December 25, 2020
Statutory U.S. Federal tax |  | $ | 8,797 |  |  | $ | (1,423) |  |  | $ | (25,957) |
Differences due to: |  |  |  |  |  |
State and local taxes, net of federal benefit |  | 3,251 |  |  | (396) |  |  | (6,414) |
Change in valuation allowance |  | (405) |  |  | (215) |  |  | 1,354 |
Foreign rate differential |  | (560) |  |  | — |  |  | — |
Loss on debt extinguishment |  | 2,982 |  |  | — |  |  | — |
Acquisition costs |  | 472 |  |  | — |  |  | — |
Federal NOL rate differential |  | — |  |  | — |  |  | (5,212) |
Stock compensation |  | (170) |  |  | (361) |  |  | (102) |
Other |  | (228) |  |  | 542 |  |  | (4,372) |
Income tax expense (benefit) |  | $ | 14,139 |  |  | $ | (1,853) |  |  | $ | (40,703) |
Schedule of deferred tax assets and liabilities | Deferred tax assets and liabilities at December 30, 2022 and December 24, 2021 consist of the following:
|  | December 30, 2022 |  | December 24, 2021
Deferred tax assets: |  |  |  |
Receivables and inventory |  | $ | 10,574 |  |  | $ | 9,425 |
Self-insurance reserves |  | 2,846 |  |  | 2,211 |
Net operating loss carryforwards |  | 5,374 |  |  | 15,177 |
Interest expense carryforward |  | 7,671 |  |  | — |
Stock compensation |  | 4,629 |  |  | 3,246 |
Intangible assets |  | 2,796 |  |  | 5,210 |
Charitable contribution carryforward |  | 2,569 |  |  | 3,865 |
Operating lease liabilities |  | 44,495 |  |  | 39,335 |
Other |  | 527 |  |  | 3,072 |
Total deferred tax assets |  | 81,481 |  |  | 81,541 |
Deferred tax liabilities: |  |  |  |
Property & equipment |  | (15,602) |  |  | (7,808) |
Goodwill |  | (25,539) |  |  | (24,529) |
Intangible assets |  | (3,439) |  |  | — |
Prepaid expenses and other |  | (907) |  |  | (1,916) |
Operating lease right-of-use assets |  | (40,451) |  |  | (35,862) |
Total deferred tax liabilities |  | (85,938) |  |  | (70,115) |
Valuation allowance |  | (1,641) |  |  | (2,046) |
Total net deferred tax (liability) asset |  | $ | (6,098) |  |  | $ | 9,380 |
Schedule of operating (loss) income before income taxes for foreign subsidiaries | The components of the Company’s operating income (loss) before income taxes consist of the following:
|  | Fiscal Year Ended
|  | December 30, 2022 |  | December 24, 2021 |  | December 25, 2020
Domestic |  | $ | 40,428 |  |  | $ | (4,356) |  |  | $ | (119,375) |
Foreign |  | 1,461 |  |  | (2,420) |  |  | (4,231) |
Total |  | $ | 41,889 |  |  | $ | (6,776) |  |  | $ | (123,606) |

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