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Income Taxes
12 Months Ended
Sep. 24, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

7.

Income Taxes

For federal income tax purposes, as well as for state income tax purposes in the majority of the states in which the Partnership operates, the earnings attributable to the Partnership and the Operating Partnership are not subject to income tax at the partnership level.  With the exception of those states that impose an entity-level income tax on partnerships, the taxable income or loss attributable to the Partnership and to the Operating Partnership, which may vary substantially from the income (loss) before income taxes reported by the Partnership in the consolidated statement of operations, are includable in the federal and state income tax returns of the Common Unitholders.  The aggregate difference in the basis of the Partnership’s net assets for financial and tax reporting purposes cannot be readily determined as the Partnership does not have access to each Common Unitholder’s basis in the Partnership.

As described in Note 1 and Note 2, the earnings of the Corporate Entities are subject to corporate level federal and state income tax.  However, based upon past performance, the Corporate Entities are currently reporting an income tax provision composed primarily of minimum state income taxes.  A full valuation allowance has been provided against the deferred tax assets based upon an analysis of all available evidence, both negative and positive at the balance sheet date, which, taken as a whole, indicates that it is more likely than not that sufficient future taxable income will not be available to utilize the assets.  Management’s periodic reviews include, among other things, the nature and amount of the taxable income and expense items, the expected timing of when assets will be used or liabilities will be required to be reported and the reliability of historical profitability of businesses expected to provide future earnings.  Furthermore, management considered tax-planning strategies it could use to increase the likelihood that the deferred tax assets will be realized.

The income tax provision of all the legal entities included in the Partnership’s consolidated statement of operations, which is composed primarily of state income taxes in the few states that impose taxes on partnerships and minimum state income taxes on the Corporate Entities, consists of the following:

 

 

 

Year Ended

 

 

 

September 24,

 

 

September 26,

 

 

September 27,

 

 

 

2016

 

 

2015

 

 

2014

 

Current

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

7

 

 

$

23

 

 

$

10

 

State and local

 

 

581

 

 

 

677

 

 

 

757

 

 

 

 

588

 

 

 

700

 

 

 

767

 

Deferred

 

 

 

 

 

 

 

 

 

 

 

$

588

 

 

$

700

 

 

$

767

 

 

The provision for income taxes differs from income taxes computed at the United States federal statutory rate as a result of the following:

 

 

 

Year Ended

 

 

 

September 24,

 

 

September 26,

 

 

September 27,

 

 

 

2016

 

 

2015

 

 

2014

 

Income tax provision at federal statutory tax rate

 

$

5,260

 

 

$

29,768

 

 

$

33,346

 

Impact of Partnership income not subject to

   federal income taxes

 

 

(9,844

)

 

 

(32,148

)

 

 

(38,919

)

Permanent differences

 

 

182

 

 

 

210

 

 

 

86

 

Change in valuation allowance

 

 

4,737

 

 

 

2,181

 

 

 

5,458

 

State income taxes

 

 

(211

)

 

 

253

 

 

 

(60

)

Other

 

 

464

 

 

 

436

 

 

 

856

 

Provision for income taxes - current

 

$

588

 

 

$

700

 

 

$

767

 

 

The components of net deferred taxes and the related valuation allowance using currently enacted tax rates are as follows:

 

 

 

Year Ended

 

 

 

September 24,

 

 

September 26,

 

 

 

2016

 

 

2015

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

60,628

 

 

$

55,033

 

Allowance for doubtful accounts

 

 

184

 

 

 

340

 

Inventory

 

 

457

 

 

 

395

 

Deferred revenue

 

 

1,091

 

 

 

1,241

 

Derivative instruments

 

 

78

 

 

 

 

AMT credit carryforward

 

 

1,086

 

 

 

1,086

 

Other accruals

 

 

1,101

 

 

 

1,718

 

Total deferred tax assets

 

 

64,625

 

 

 

59,813

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Derivative instruments

 

 

 

 

 

142

 

Intangible assets

 

 

775

 

 

 

312

 

Property, plant and equipment

 

 

5,068

 

 

 

5,314

 

Total deferred tax liabilities

 

 

5,843

 

 

 

5,768

 

Net deferred tax assets

 

 

58,782

 

 

 

54,045

 

Valuation allowance

 

 

(58,782

)

 

 

(54,045

)

Net deferred tax assets

 

$

 

 

$