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INCOME TAXES
12 Months Ended
Dec. 28, 2019
Income Taxes [Abstract]  
INCOME TAXES
8. Income Taxes

Deferred income taxes are provided on temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and those for income tax reporting purposes.  Deferred income tax (assets) liabilities relate to:

  
2019
  
2018
 
Property, plant and equipment
 
$
4,638,141
  
$
2,582,792
 
Right of Use Asset
  
2,933,189
   
--
 
Intangible assets
  
9,236,711
   
4,710,052
 
Other
  
380,336
   
218,710
 
Foreign Withholding Tax
  
315,747
   
540,761
 
Total deferred income tax liabilities
  
17,504,124
   
8,052,315
 
         
Other postretirement benefits
  
(239,348
)
  
(156,710
)
Inventories
  
(1,422,472
)
  
(1,133,427
)
Allowance for doubtful accounts
  
(123,172
)
  
(146,576
)
Accrued compensation
  
(311,125
)
  
(200,232
)
Lease Obligation
  
(2,933,189
)
  
--
 
Pensions
  
(6,804,275
)
  
(6,127,538
)
Foreign Tax Credit
  
(400,078
)
  
(167,826
)
Total deferred income tax assets
  
(12,233,659
)
  
(7,932,309
)
Net deferred income tax (assets) liabilities
 
$
5,270,465
  
$
120,006
 
Income before income taxes consists of:

  
2019
  
2018
 
Domestic
 
$
12,537,168
  
$
12,431,889
 
Foreign
  
3,668,803
   
5,158,440
 
  
$
16,205,971
  
$
17,590,329
 

The provision for income taxes follows:

  
2019
  
2018
 
Current:
      
Federal
 
$
2,783,481
  
$
484,451
 
Foreign
  
1,001,270
   
753,521
 
State
  
489,921
   
347,199
 
Deferred:
        
Federal
  
(756,206
)
  
815,858
 
Foreign
  
(225,014
)
  
153,726
 
State
  
(353,623
)
  
529,637
 
  
$
2,939,829
  
$
3,084,392
 

A reconciliation of income taxes computed using the U.S. federal statutory rate to that reflected in operations follows:

  
2019
  
2018
 
  
Amount
  
Percent
  
Amount
  
Percent
 
Income taxes using U.S. federal statutory rate
 
$
3,403,254
   
21
%
 
$
3,693,968
   
21
%
State income taxes, net of federal benefit
  
117,276
   
1
   
692,698
   
4
 
Impact on Foreign Repatriation Tax Reform
  
--
   
0
   
(83,479
)
  
(1
)
Impact of foreign subsidiaries on effective tax rate
  
(239,823
)
  
(2
)
  
(401,992
)
  
(2
)
Impact of New Tax Law
  
--
   
0
   
(507,847
)
  
(2
)
Impact of Research & Development tax credit
  
(411,090
)
  
(3
)
  
(216,675
)
  
(1
)
Impact of manufacturers deduction on effective tax rate
  
0
   
0
   
0
   
0
 
Other—net
  
70,212
   
1
   
(92,281
)
  
(1
)
   
2,939,829
   
18
%
  
3,084,392
   
18
%

Total income taxes paid were $3,197,984 in 2019 and $3,741,021 in 2018.

Pursuant to the SAB118, the company is allowed a measurement period of up to one year after the enactment date of the Tax Act to finalize the recording of the related tax impacts and as such has adjusted for the finalization of the tax impacts in the fourth quarter of 2018.  The change primarily related to deferred taxes.

Under accounting standards (ASC 740) a deferred tax liability is not recorded for the excess of the financial reporting (book) basis over the tax basis of an investment in a foreign subsidiary if the indefinite reinvestment criteria is met. Effective for foreign earnings after December 30, 2017, if such earnings are distributed in the form of cash dividends, the Company would not be subject to additional U.S. income taxes but could be subject to foreign income and withholding taxes. A provision has not been made for additional U.S. federal and foreign taxes at December 28, 2019 on approximately $7,460,584 of undistributed earnings of foreign subsidiaries because the Company intends to reinvest these funds indefinitely. It is not practicable to estimate the unrecognized deferred tax liability for withholding taxes on these undistributed earnings.

In December 2019, the Financial Accounting Standards Board (“FASB”) issued Accounting Standards Update (“ASU”) 2019-12, Simplifying the Accounting for Income Taxes. The list of changes is comprehensive. The changes include removing exceptions to incremental intraperiod tax allocation of losses and gains from different financial statement components, exceptions to the method of recognizing income taxes on interim period losses and exceptions to deferred tax liability recognition related to foreign subsidiary investments.  In addition, ASU 2019-12 requires that entities recognize franchise tax based on an incremental method, requires an entity to evaluate the accounting for step-ups in the tax basis of Goodwill as inside or outside of a business combination, and removes the requirement to allocate the current and deferred tax provision among entities in standalone financial statement reporting. The ASU also now requires that an entity reflect enacted changes in tax laws in the annual effective rate, and other Codification adjustments have been made to employee stock ownership plans. For public business entities, the amendments in ASU 2019-12 are effective for fiscal years, and interim periods within those fiscal years, beginning after December 15, 2020. Early adoption of ASU 2019-12 is permitted, including adoption in any interim period for public business entities for periods for which financial statements have not yet been issued. An entity that elects to early adopt the amendments in an interim period should reflect any adjustments as of the beginning of the annual period that includes that interim period. Additionally, an entity that elects early adoption must adopt all the amendments in the same period. The Company is currently evaluating whether to early adopt ASU 2019-12 in the first interim period of 2020.

A reconciliation of the beginning and ending amount of unrecognized tax benefits are as follows:

  
2019
  
2018
 
       
Balance at beginning of year
 
$
299,722
  
$
299,734
 
Increases for positions taken during the current period
  
137,927
   
0
 
Increases for positions taken during the prior period
  
2,039,117
   
74,219
 
Decreases resulting from the expiration of the statute of limitations
  
(69,384
)
  
(74,231
)
Balance at end of year
 
$
2,407,382
  
$
299,722
 

The Company files income tax returns in the U.S. federal jurisdiction, and various states and foreign jurisdictions.  With few exceptions, the Company is no longer subject to U.S. federal, state and local income tax examinations by tax authorities for years before 2015 and non-U.S. income tax examinations by tax authorities prior to 2013.

Included in the balance at December 28, 2019, are $1,640,609 of unrecognized tax benefits that would affect the annual effective tax rate.  In 2019, the Company recognized accrued interest related to unrecognized tax benefits in income tax expense.  The Company had approximately $57,879 of accrued interest at December 28, 2019.

The total amount of unrecognized tax benefits could increase or decrease within the next twelve months for a number of reasons, including the closure of federal, state and foreign tax years by expiration of the statute of limitations and the recognition and measurement considerations under ASC 740.  The Company believes that the total amount of unrecognized tax benefits will not increase or decrease significantly over the next twelve months.