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Note 11 - Income Taxes
 12 Months Ended
May 26, 2013
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

11.           Income Taxes


The provision for income taxes consisted of the following (in thousands):


   

Year ended

May 26, 2013

   

Year ended

May 27, 2012

   

Year ended

May 29, 2011

 

Current:

                       

Federal

  $ 2,808     $ 4,597     $ 881  

State

    (18 )     (586 )     176  

Foreign

    56       56       —  

Total

    2,846       4,067       1,057  

Deferred:

                       

Federal

    6,218       2,641       3,140  

State

    388       477       (16 )

Total

    6,606       3,118       3,124  

Income tax expense

  $ 9,452     $ 7,185     $ 4,181  

The actual provision for income taxes differs from the statutory U.S. federal income tax rate as follows (in thousands):


   

Year Ended

May 26, 2013

   

Year Ended

May 27, 2012

   

Year Ended

May 29, 2011

 

Provision at U.S. statutory rate (1)

  $ 11,214     $ 6,958     $ 2,835  

State income taxes, net of federal benefit

    731       451       213  

Goodwill impairment charge

    —       —       1,849  

Change in valuation allowance

    370       1       (7 )

Tax-exempt interest

    —       (40 )     (115 )

Tax credit carryforwards

    (801 )     (368 )     (637 )

Transaction costs

    —       322       —  

Domestic manufacturing deduction

    (172 )     (208 )     —  

Change in value of contingent consideration

    (1,450 )     —       —  

Other

    (440 )     69       43  

Total

  $ 9,452     $ 7,185     $ 4,181  

(1) Statutory rate was 35% for fiscal years 2013, 2012 and 2011.


The increase in the income tax expense in fiscal year 2013 compared to fiscal year 2012 is due to a 59% increase in net income before taxes offset by a decrease in the Company’s effective tax rate to 30% down from 36% in fiscal year 2012. The increase in the income tax expense in fiscal year 2012 compared to fiscal year 2011 is due to a 140% increase in net income before taxes partially offset by a decrease in the Company’s effective tax rate to 36% down from 52% in fiscal year 2011.


The effective tax rates for fiscal year 2013 differ from the statutory federal income tax rate of 35 percent as a result of several factors, including state taxes, change in value of contingent consideration, non-deductible stock-based compensation expense, disqualified dispositions of incentive stock options, domestic manufacturing deduction, the benefit of federal and state research and development credits and the change in valuation allowance. The effective tax rates for fiscal year 2012 differ from the statutory federal income tax rate of 35 percent as a result of several factors, including state taxes, non-deductible stock-based compensation expense, tax exempt interest, domestic manufacturing deduction and the benefit of federal and state research and development credits and accounting for transaction costs associated with the GreenLine acquisition in fiscal year 2012. The effective tax rates for fiscal year 2011 differ from the statutory federal income tax rate of 35 percent as a result of several factors, including state taxes, non-deductible stock-based compensation expense, tax exempt interest and the goodwill impairment charge. In addition to the above, the Company was able to further reduce the effective tax rate for fiscal year 2011 as a result of being a recipient of a therapeutic drug credit award and the extension of the federal research and development credit.


Significant components of deferred tax assets and liabilities consisted of the following (in thousands):


   

May 26, 2013

   

May 27, 2012

 

Deferred tax assets:

               

Net operating loss carryforwards

  $ 3,853     $ 3,954  

Accruals and reserves

    1,388       2,191  

Stock-based compensation

    621       981  

Research and AMT credit carryforwards

    486       328  

Other

    450       428  

Gross deferred tax assets

    6,798       7,882  

Valuation allowance

    (783 )     (419 )

Net deferred tax assets

    6,015       7,463  
                 

Deferred tax liabilities:

               

Basis difference in investment in non-public company

    (5,505 )     (2,510 )

Depreciation and amortization

    (5,822 )     (5,575 )

Goodwill and other indefinite life intangibles

    (17,160 )     (15,339 )

Deferred tax liabilities

    (28,487 )     (23,424 )
                 

Net deferred tax liabilities

  $ (22,472 )   $ (15,961 )

As of May 26, 2013, the Company had federal, California, and other state net operating loss carryforwards of approximately $8.8 million, $4.6 million, and $15.2 million respectively. These losses expire in different periods through 2032, if not utilized. Such net operating losses consist of excess tax benefits from employee stock option exercises and have not been recorded in the Company’s deferred tax assets. The Company will record approximately $4.6 million of the gross California net operating loss as a credit to additional paid in capital as and when such excess tax benefits are ultimately realized. The Company acquired additional net operating losses through the acquisition of Greenline. Utilization of these acquired net operating losses in a specific year is limited due to the “change in ownership” provision of the Internal Revenue Code of 1986 and similar state provisions. The net operating losses presented above for federal and state purposes are net of any such limitation.


The Company has federal and state research and development tax credits carryforwards of approximately $118,000 and $1.2 million, respectively. The research and development tax credit carryforwards expire in different periods through 2033 for federal purposes and have an unlimited carryforward period for state purposes.  The Company also has federal therapeutic drug tax credit carryforward of approximately $244,000 that will expire in 2031. Furthermore, the Company has federal alternative minimum tax credits of approximately $874,000 that can be carried forward indefinitely. Certain tax credit carryovers are attributable to excess tax benefits from employee stock option exercises and have not been recorded in the Company’s deferred tax assets. The Company will record $1.2 million of the above Federal credit and $338,000 of the gross California credit will be recorded to additional paid in capital as and when such excess tax benefits are ultimately realized.


Valuation allowances are reviewed each period on a tax jurisdiction by jurisdiction basis to analyze whether there is sufficient positive or negative evidence to support a change in judgment about the realizability of the related deferred tax assets. Based on this analysis and considering all positive and negative evidence, we determined that a valuation allowance of $783,000 should be recorded as a result of uncertainty around the utilization of certain state net operating losses and a book impairment loss on the Company's investment in Aesthetic Sciences as it is more likely than not that a portion of the deferred tax asset will not be realized in the foreseeable future. The valuation allowance increased by $364,000 from the prior year primarily due to uncertainty around the utilization of certain state net operating losses.


The accounting for uncertainty in income taxes recognized in an enterprise’s financial statements prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return, and the derecognition of tax benefits, classification on the balance sheet, interest and penalties, accounting in interim periods, disclosure, and transition.


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


   

As of

 
   

May 26, 2013

   

May 27, 2012

   

May 29, 2011

 

Unrecognized tax benefits – beginning of the period

  $ 766     $ 760     $ 868  

Gross increases – tax positions in prior period

    103       1       280  

Gross decreases – tax positions in prior period

    —       (1 )     (310 )

Gross increases – current-period tax positions

    129       246       75  

Settlements

    —       —       —  

Lapse of statute of limitations

    —       (240 )     (153 )

Unrecognized tax benefits – end of the period

  $ 998     $ 766     $ 760  

As of May 26, 2013, the total amount of net unrecognized tax benefits is $1.0 million, of which, $807,000, if recognized, would affect the effective tax rate. The Company accrues interest and penalties related to unrecognized tax benefits in its provision for income taxes. The total amount of penalties and interest is not material as of May 26, 2013. Additionally, the Company does not expect its unrecognized tax benefits to change materially within the next twelve months.


Due to tax attribute carryforwards, the Company is subject to examination for tax years 1997 forward for U.S. tax purposes. The Company is also subject to examination in various state jurisdictions for tax years 1998 forward, none of which were individually material.