15. Income Taxes

The Company’s effective tax rate, as calculated by dividing income tax expense by income before income taxes, for YTD 2013 and YTD 2012 was 35.5% and 41.5%, respectively. The Company’s effective tax rate, as calculated by dividing income tax expense by income before income taxes minus net income attributable to noncontrolling interest, for YTD 2013 and YTD 2012 was 37.8% and 44.0%, respectively.

The following table provides a reconciliation of the income tax expense at the statutory federal rate to actual income tax expense.


	First Half
In Thousands	2013			2012
Statutory expense	$	9,657		$	10,161
State income taxes, net of federal benefit		1,143			1,257
Valuation allowance change		94			774
Noncontrolling interest – Piedmont		(672	)		(788	)
Manufacturing deduction benefit		(926	)		(852	)
Meals and entertainment		581			602
Adjustment for uncertain tax positions		391			358
Other, net		(474	)		525

Income tax expense	$	9,794		$	12,037

As of June 30, 2013, the Company had $5.9 million of uncertain tax positions, including accrued interest, of which $3.4 million would affect the Company’s effective tax rate if recognized. As of December 30, 2012, the Company had $5.5 million of uncertain tax positions, including accrued interest, of which $3.0 million would affect the Company’s effective tax rate if recognized. As of July 1, 2012, the Company had $5.1 million of uncertain tax positions, including accrued interest, of which $2.6 million would affect the Company’s effective tax rate if recognized. While it is expected that the amount of uncertain tax positions may change in the next 12 months, the Company does not expect any change to have a material impact on the consolidated financial statements.

The Company recognizes potential interest and penalties related to uncertain tax positions in income tax expense. As of June 30, 2013, December 30, 2012, and July 1, 2012, the Company had $.6 million, $.5 million and $.5 million, respectively, of accrued interest related to uncertain tax positions. Income tax expense included interest expense of $.1 million in both YTD 2013 and YTD 2012.

The American Taxpayer Relief Act (“Act”) was signed into law on January 2, 2013. The Act approved a retroactive extension of certain favorable business and energy tax provisions that had expired at the end of 2011 that are applicable to the Company. The Company recorded a reduction to income tax expense totaling $.4 million related to the Act in YTD 2013, which is included in the other, net line of the reconciliation of income tax expense table.

In YTD 2013 and YTD 2012, the Company increased its valuation allowance by $.1 million and $.8 million, respectively. The net effect of both adjustments was an increase to income tax expense. The increase to the valuation allowance was primarily due to the Company’s assessment of its ability to use certain net operating loss carryforwards.

Tax years from 2009 remain open to examination by the Internal Revenue Service, and various tax years from 1994 remain open to examination by certain state tax jurisdictions to which the Company is subject due to loss carryforwards.

The Company’s income tax assets and liabilities are subject to adjustment in future periods based on the Company’s ongoing evaluations of such assets and liabilities and new information that becomes available to the Company.