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Income Taxes
 9 Months Ended
Oct. 03, 2023
Income Tax Disclosure [Abstract]  
Income Taxes

7. INCOME TAXES

We calculate our interim income tax provision in accordance with ASC Topic 270, “Interim Reporting” and ASC Topic 740, “Accounting for Income Taxes.” The related tax expense or benefit is recognized in the interim period in which it occurs. In addition, the effect of changes in enacted tax laws, rates or tax status is recognized in the interim period in which the change occurs. The computation of the annual estimated effective tax rate at each interim period requires certain significant estimates and judgment including the expected operating income for the year, permanent and temporary differences because of differences between amounts measured and recognized in accordance with tax laws and financial accounting standards, and the likelihood of recovering deferred tax assets. The accounting estimates used to compute income tax expense may change as new events occur, additional information is obtained or the tax environment changes.

Our effective income tax benefit rate for the thirty-nine weeks ended October 3, 2023 was a benefit of 44.9% compared to a benefit rate of 101.0% for the comparable thirty-nine week period of 2022. The effective tax rate benefit for the thirty-nine weeks ended October 3, 2023 and September 27, 2022, was different from the statutory tax rate primarily as a result of significant Federal Insurance Contributions Act (“FICA”) tax tip credits.

As of October 3, 2023, we had unrecognized tax benefits of approximately $1.2 million, of which approximately $1.1 million, if reversed, would impact our effective tax rate.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is the following (in thousands):

 

 

 

For the Thirty-Nine Weeks Ended

 

 

 

October 3, 2023

 

 

September 27, 2022

 

Beginning gross unrecognized tax benefits

 

$

1,249

 

 

$

1,198

 

Increases for tax positions taken in prior years

 

 

102

 

 

 

3

 

Decreases for tax positions taken in prior years

 

 

—

 

 

 

(1

)

Increases for tax positions taken in the current year

 

 

123

 

 

 

74

 

Decreases due to lapse of statute of limitations

 

 

(236

)

 

 

—

 

Ending gross unrecognized tax benefits

 

$

1,238

 

 

$

1,274

 

 

Our uncertain tax positions are related to tax years that remain subject to examination by tax agencies. As of October 3, 2023, the earliest tax year still subject to examination by the Internal Revenue Service is 2015. The earliest year still subject to examination by a significant state or local taxing authority is 2018.