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Income Taxes
12 Months Ended
Sep. 30, 2018
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]
INCOME TAXES

On December 22, 2017, the 2017 Tax Act was signed into law. Among other provisions, the 2017 Tax Act reduces the federal statutory corporate income tax rate from 35% to 21%. The reduction of the corporate tax rate caused us to re-measure our deferred tax assets and liabilities to the lower federal base rate of 21%. We reported a discrete adjustment from revaluing our deferred tax assets and liabilities which resulted in a provisional net decrease in income tax expense of $24,872,000 for the 13 weeks ended December 24, 2017.

The Securities Exchange Commission has issued rules that allow for a measurement period of up to one year after the enactment date of the 2017 Tax Act to finalize the recording of the related transitional impact. Apart from any future changes in interpretations, legislative action or changes in accounting standards, we have finalized and recorded the resulting adjustments as of September 30, 2018. The impact of the re-measurement did not change materially for the 53 weeks ended September 30, 2018.

Income tax expense (benefit) consists of the following:
(Thousands of Dollars)
2018

 
2017

 
2016

 
 
 
 
 
 
Current:
 
 
 
 
 
Federal
275

 
394

 
1,241

State
875

 
819

 
379

Deferred
(17,378
)
 
10,398

 
20,556

 
(16,228
)
 
11,611

 
22,176


 
Income tax expense (benefit) related to continuing operations differs from the amounts computed by applying the U.S. federal income tax rate to income (loss) before income taxes. The reasons for these differences are as follows:
(Percent of Income (Loss) Before Income Taxes)
2018

 
2017

 
2016

 
 
 
 
 
 
Computed “expected” income tax expense (benefit)
24.7

 
35.0

 
35.0

State income tax expense (benefit), net of federal tax impact
2.6

 
2.3

 
3.8

Net income of associated companies taxed at dividend rates
(5.1
)
 
(3.7
)
 
(2.6
)
Resolution of tax matters
(8.4
)
 
2.2

 
3.2

Non-deductible expenses
2.9

 
1.5

 
1.0

Valuation allowance
9.9

 
2.6

 
(7.7
)
Warrant valuation
0.2

 
(10.2
)
 
5.0

Revaluation of deferred income taxes due to law charges
(79.1
)
 

 

Other
(0.4
)
 
(0.8
)
 
0.4

 
(52.7
)
 
28.9

 
38.1



Net deferred income tax liabilities consist of the following components:
(Thousands of Dollars)
September 30
2018

 
September 24
2017

 
 
 
 
Deferred income tax liabilities:
 
 
 
Property and equipment
(16,506
)
 
(28,422
)
Identified intangible assets
(18,486
)
 
(35,790
)
Long-term debt
(11,074
)
 
(16,993
)
Investments
(6,472
)
 

 
(52,538
)
 
(81,205
)
Deferred income tax assets:
 

 
 
Investments

 
2,520

Accrued compensation
2,402

 
4,622

Allowance for doubtful accounts and losses on loans
910

 
1,487

Pension and postretirement benefits
2,305

 
4,593

Net operating loss carryforwards
41,663

 
37,997

Accrued expenses
424

 
601

Other
3,075

 
5,023

 
50,779

 
56,843

Valuation allowance
(37,349
)
 
(29,035
)
Net deferred income tax liabilities
(39,108
)
 
(53,397
)

 
All deferred taxes are categorized as non-current.
 
A reconciliation of 2018 and 2017 changes in gross unrecognized tax benefits is as follows:
(Thousands of Dollars)
2018

 
2017

 
 
 
 
Balance, beginning of year
13,915

 
12,531

Increases (decreases) in tax positions for prior years
132

 
36

Increases in tax positions for the current year
2,567

 
2,150

Lapse in statute of limitations
(510
)
 
(802
)
Balance, end of year
16,104

 
13,915


 
Approximately $10,312,000 and $9,010,000 of the gross unrecognized tax benefit balances for 2018 and 2017 respectively, relate to state net operating losses which are netted against deferred taxes on our balance sheet. The total amount of unrecognized tax benefits that, if recognized, would impact the effective tax rate was $12,779,000 at September 30, 2018. We recognize interest and penalties related to unrecognized tax benefits as a component of income tax expense. The amount of accrued interest related to unrecognized tax benefits was, net of tax, $563,000 at September 30, 2018 and $367,000 at September 24, 2017. There were no amounts provided for penalties at September 30, 2018 or September 24, 2017.

No significant income tax audits are currently in progress and the Company has not received any notices of intent to audit. Certain of the Company's state income tax returns for the year ended September 30, 2012 are open for examination. The Federal and remaining state returns are open beginning with the September 29, 2015 year.
 
At September 30, 2018, we have state tax benefits of approximately $63,048,000 in net operating loss ("NOL") carryforwards, before adjusting for federal tax impacts of $13,239,000, or 21%, that expire between 2019 and 2038. These NOL carryforwards result in a deferred income tax asset of $49,809,000 at September 30, 2018, a portion of which is offset by a valuation allowance.

We reported a Federal NOL of approximately $17,850,000 as of year-end September 24, 2017. We expect to report taxable income in 2018 in excess of that NOL, so that no Federal NOL will be available in the fiscal year 2019.