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Note I - Income Taxes

12 Months Ended

Sep. 28, 2019

Notes to Financial Statements

Income Tax Disclosure [Text Block]

NOTE I – INCOME TAXES

Income tax expense (benefit) is as follows:

		Fiscal year ended
		September 28,				September 29,				September 30,
		2019				2018				2017
			(in thousands)
Current
U.S. Federal		$	14,078			$	16,591			$	27,142
Foreign			2,111				2,512				2,770
State			5,971				5,836				5,227
Total current expense			22,160				24,939				35,139

Deferred
U.S. Federal		$	6,285			$	(14,613	)		$	6,857
Foreign			849				514				(422	)
State			2,464				3,716				1,452
Total deferred benefit			9,598				(10,383	)			7,887
Total expense		$	31,758			$	14,556			$	43,026

The provisions for income taxes differ from the amounts computed by applying the statutory federal income tax rate of 21.0% for the fiscal year ended September 28, 2019, approximately 24.5% for the fiscal year ended September 29, 2018 and 35% for fiscal year ended September 30, 2017 to earnings before income taxes for the following reasons:

		Fiscal year ended
		September 28,				September 29,				September 30,
		2019				2018				2017
		(in thousands)

Income taxes at federal statutory rates		$	26,581			$	28,947			$	42,770
Increase (decrease)in taxes resulting from:

State income taxes, net of federal income tax benefit			6,664				7,212				4,341
Domestic production activities deduction			-				(1,470	)			(1,820	)
Impact of rate change due to Tax Cuts and Jobs Act			-				(20,670	)			-
Impact of rate differential-current and deferred			-				(1,236	)			-
One-time repatriation tax			(885	)			1,200				-
Increase in gross unrecognized tax benefits			20				20				20
Share based compensation			(777	)			(696	)			(1,923	)
Non deductible employee compensation			490				514				-
Other, net			(335	)			735				(362	)
Income tax expense		$	31,758			$	14,556			$	43,026

Net earnings for the year ended September 29, 2018 benefited from a $20.7 million gain on the remeasurement of deferred tax liabilities and a $8.8 million reduction in income taxes related primarily to the lower corporate tax rate enacted under the U.S. Tax Cuts and Jobs Act (“Tax Act”) on December 22, 2017 which was partially offset by a $1.2 million provision for the one time repatriation tax, which also resulted from the Tax Act. Net earnings for the year were also impacted by a $1.4 million expense on the remeasurement of deferred tax liabilities due to changes in New Jersey tax regulations effective July 2018. Excluding the deferred tax gain, the deferred tax expense and the one-time repatriation tax, our effective tax rate was 27.7% in the year ended September 29, 2018. Net earnings this year benefitted by a reduction of $885,000 in tax as the provision for the one-time repatriation tax was reduced as the amount recorded last year was an estimate. Excluding the reduction in the provision for the one-time repatriation tax, our effective tax rate was 25.8% for this year.

Deferred tax assets and liabilities consist of the following:

September 28,

September 29,

2019

2018

(in thousands)

Deferred tax assets

Vacation accrual
$ 1,281 $ 1,254

Capital loss carry forwards
1,038 960

Insurance accrual
2,454 2,480

Deferred income
485 638

Allowances
1,554 1,585

Inventory capitalization
994 1,051

Share-based compensation
1,607 1,368

Net Operating Loss
776 856

Total deferred tax assets
10,189 10,192

Valuation allowance
(1,038 ) (960 )

Total deferred tax assets, net
9,151 9,232

Deferred tax liabilities

Amortization of goodwill and other intangible assets
27,267 25,565

Depreciation of property and equipment
43,804 35,989

Total deferred tax liabilities
71,071 61,554

Total deferred tax liabilities, net
$ 61,920 $ 52,322

As of September 28, 2019, we have federal and state capital loss carry forwards of approximately $4.5 million primarily from the sale of marketable securities in fiscal years 2015 and 2016. These carry forwards will begin to expire in 2020. Except for current year usage, we have no foreseeable capital gains that would allow us to use this asset. Accordingly, we have recorded a valuation allowance for the full amount of this deferred tax asset.

As of September 29, 2018, we have a federal net operating loss carry forward of approximately $4 million from the PHILLY SWIRL acquisition. These carry forwards are subject to an annual limitation under Code Section 382 of approximately $378,000 and will expire in 2033. We have determined there are no limitations to the total use of this tax asset and accordingly, have not recorded a valuation allowance for this deferred tax asset.

We have undistributed earnings of our Mexican and Canadian subsidiaries. As a result of the Tax Act, we changed our assertion with respect to foreign earnings. We are no longer permanently reinvested in earnings of our foreign subsidiaries for any year. However, due to the impact of the Tax Act and the deemed repatriation of positive accumulated earnings and profits from our foreign subsidiaries in 2017, which resulted in a Sec. 965 liability of $315,000 for our fiscal year ended September 2018, no additional U.S. federal income taxes are anticipated if our undistributed earnings in our Mexican and Canadian subsidiaries were repatriated to the U.S. However, if such funds were repatriated, a portion of the funds remitted may be subject to applicable state income taxes and non-U.S. income and withholding taxes. The amount of unrecognized deferred income tax liabilities related to potential state income tax and foreign withholding taxes is immaterial.

The Tax Act was enacted on December 22, 2017 and introduced significant changes to U.S. income tax law. Effective in 2018, the Tax Act reduced the U.S. statutory tax rate from 35% to 21%. We have updated any provisional amounts related to the Tax Act and accounting for this is now final.