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Note 17 - Commitments and Contingent Liabilities
12 Months Ended
Sep. 27, 2020
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]

17    COMMITMENTS AND CONTINGENT LIABILITIES

 

Capital Expenditures

 

At September 27, 2020, we had construction and equipment purchase commitments totaling approximately $2,050,000.

 

Income Taxes

 

Commitments exclude unrecognized tax benefits to be recorded in accordance with FASB ASC Topic 740, Income Taxes. We are unable to reasonably estimate the ultimate amount or timing of cash settlements with the respective taxing authorities for such matters. See Note 12.

 

We file income tax returns with the Internal Revenue Service ("IRS") and various state tax jurisdictions. From time to time, we are subject to routine audits by those agencies, and those audits may result in proposed adjustments. We have considered the alternative interpretations that may be assumed by the various taxing agencies, believe our positions taken regarding our filings are valid, and that adequate tax liabilities have been recorded to resolve such matters. However, the actual outcome cannot be determined with certainty and the difference could be material, either positively or negatively, to the Consolidated Statements of Income and Comprehensive Income (Loss) in the periods in which such matters are ultimately determined. We do not believe the final resolution of such matters will be material to our consolidated financial position or cash flows.

 

We have various income tax examinations ongoing and at various stages of completion, but generally our income tax returns have been audited or closed to audit through 2014.

 

Legal Proceedings

 

We are involved in a variety of legal actions that arise in the normal course of business. Insurance coverage mitigates potential loss for certain of these matters. While we are unable to predict the ultimate outcome of these legal actions, it is our opinion that the disposition of these matters will not have a material adverse effect on our Consolidated Financial Statements, taken as a whole.

 

Multiemployer Pension Plans

 

We have effectuated withdrawals from various multiemployer plans, and as a result, we are subject to a claim from the multiemployer pension plan for a withdrawal liability. The amount and timing of such liability will be dependent on actions taken, or not taken, by the Company and the pension plan, as well as the future investment performance and funding status of the plan. Any withdrawal liabilities determined are funded over a period of 20 years.

 

Restructuring Costs and Other

 

We have recognized $13,751,000 of expense related to restructuring costs and other. This amount consists of an estimated withdrawal impact of $4,400,000, severance expense of $6,272,000, transition costs related to the Transactions of $1,807,000, and other of $1,272,808. We did not have a significant restructuring liability as of September 27, 2020 or September 29, 2019.