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Income Taxes
12 Months Ended
Sep. 29, 2018
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, 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 (with the exception of the AMT credit carryforward; see below) 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.

On December 22, 2017, the Tax Cuts and Jobs Act (“2017 Act”) was signed into law, which enacted significant changes to U.S. tax and related laws.  Some of the provisions of the 2017 Act that could affect the Partnership, the Operating Partnership and their subsidiaries include, but are not limited to, a reduction of the federal corporate income tax rate from 35% to 21%, limitations on the deductibility of net business interest expense, restrictions on the use of net operating loss carryforwards arising in taxable years beginning after December 31, 2017 and full expensing for certain qualified property.

In the case of a corporation, the 2017 Act made Alternative Minimum Tax (“AMT”) credit carryforwards fully refundable without regard to future taxable income. Accordingly, the Partnership concluded that the existing valuation allowance on the AMT credit carryforwards of the Corporate Entities should be released as part of accounting for tax reform.  The reversal of the valuation allowance resulted in a $1,086 discrete deferred tax benefit being recorded during the first quarter of fiscal 2018.  The Partnership remeasured all other federal net deferred tax assets of the Corporate Entities using the new 21% federal income tax rate and correspondingly adjusted the full valuation allowance.  The blended corporate tax federal rate requirements of Internal Revenue Code Section 15 do not apply because the Corporate Entities are calendar-year tax filers.  

The Partnership will continue to analyze the 2017 Act to determine the full effects of the new law on its consolidated financial statements.

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 29,

 

 

September 30,

 

 

September 24,

 

 

 

2018

 

 

2017

 

 

2016

 

Current

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

7

 

 

$

13

 

 

$

7

 

State and local

 

 

473

 

 

 

446

 

 

 

581

 

 

 

 

480

 

 

 

459

 

 

 

588

 

Deferred benefit

 

 

(1,086

)

 

 

 

 

 

 

 

 

$

(606

)

 

$

459

 

 

$

588

 

 

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 29,

 

 

September 30,

 

 

September 24,

 

 

 

2018

 

 

2017

 

 

2016

 

Income tax provision at federal statutory tax rate

 

$

15,945

 

 

$

13,459

 

 

$

5,260

 

Impact of Partnership income not subject to

   federal income taxes

 

 

(15,939

)

 

 

(13,892

)

 

 

(9,844

)

Permanent differences

 

 

65

 

 

 

3

 

 

 

182

 

Change in valuation allowance

 

 

(21,307

)

 

 

406

 

 

 

4,737

 

State income taxes

 

 

656

 

 

 

864

 

 

 

(211

)

Remeasurement of net deferred tax assets (1)

 

 

19,941

 

 

 

 

 

 

 

Other

 

 

33

 

 

 

(381

)

 

 

464

 

Provision for income taxes - current and deferred

 

$

(606

)

 

$

459

 

 

$

588

 

 

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

 

 

 

Year Ended

 

 

 

September 29,

 

 

September 30,

 

 

 

2018

 

 

2017

 

Deferred tax assets  (1):

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

38,672

 

 

$

59,731

 

Allowance for doubtful accounts

 

 

225

 

 

 

315

 

Inventory

 

 

291

 

 

 

572

 

Deferred revenue

 

 

661

 

 

 

1,041

 

AMT credit carryforward

 

 

1,086

 

 

 

1,086

 

Other accruals

 

 

1,661

 

 

 

1,883

 

Total deferred tax assets

 

 

42,596

 

 

 

64,628

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Intangible assets

 

 

1,131

 

 

 

1,223

 

Property, plant and equipment

 

 

2,498

 

 

 

4,217

 

Total deferred tax liabilities

 

 

3,629

 

 

 

5,440

 

Net deferred tax assets

 

 

38,967

 

 

 

59,188

 

Valuation allowance (1)

 

 

(37,881

)

 

 

(59,188

)

Net deferred tax assets

 

$

1,086

 

 

$

 

 

 

(1)

As described above, federal net deferred tax assets were remeasured, pursuant to the 2017 Act, using the new 21% federal income tax rate and the full valuation allowance was adjusted accordingly.