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INCOME TAXES.
12 Months Ended
Dec. 27, 2014
INCOME TAXES  
INCOME TAXES

 

 

9.INCOME TAXES.

 

Federal and State income tax expense from continuing operations consist of the following:

 

 

 

2014

 

2013

 

2012

 

Federal:

 

 

 

 

 

 

 

Current

 

$

2,242,641

 

$

4,102,557

 

$

988,639

 

Deferred

 

1,100,487

 

1,253,385

 

372,886

 

 

 

3,343,128

 

5,355,942

 

1,361,525

 

 

 

 

 

 

 

 

 

State:

 

 

 

 

 

 

 

Current

 

227,648

 

761,633

 

(98,554

)

Deferred

 

429,879

 

(194,216

)

(1,198,336

)

 

 

657,527

 

567,417

 

(1,296,890

)

Total

 

$

4,000,655

 

$

5,923,359

 

$

64,635

 

 

Deferred tax assets and deferred tax liabilities were as follows:

 

 

 

2014

 

2013

 

Deferred tax assets:

 

 

 

 

 

Receivables

 

$

20,020

 

$

20,020

 

Inventories

 

550,170

 

937,161

 

Accrued liabilities

 

1,295,798

 

1,687,924

 

Net operating losses and credit carryforwards

 

1,336,649

 

1,615,046

 

Other

 

166,347

 

186,864

 

Total deferred tax assets

 

3,368,984

 

4,447,015

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

Depreciation

 

(4,357,310

)

(3,862,862

)

Prepaids and other

 

(775,759

)

(817,871

)

Total deferred tax liabilities

 

(5,133,069

)

(4,680,733

)

Net deferred tax liabilities

 

$

(1,764,085

)

$

(233,718

)

 

At December 27, 2014, the Company had state tax loss carryforwards of approximately $25 million available to offset future taxable income, expiring in various amounts through December 31, 2033.

 

A reconciliation of the tax provision for income taxes from continuing operations at the U.S. Statutory rate (35% in 2014, 34% in 2013 and 35% in 2012) to the effective income tax expense rate as reported is as follows:

 

 

 

2014

 

2013

 

2012

 

U.S. Federal statutory rate

 

$

4,364,717

 

35.0

%

$

5,821,356

 

34.0

%

$

4,356,433

 

35.0

%

State income taxes, net of federal benefit

 

617,410

 

5.0

 

510,783

 

3.0

 

388,840

 

3.1

 

Tax-exempt underwriting income of wholly- owned small captive insurance subsidiary

 

(297,243

)

(2.4

)

(225,480

)

(1.3

)

 

 

Domestic production deduction

 

(281,688

)

(2.3

)

(167,800

)

(1.0

)

(304,300

)

(2.4

)

Research and development tax credits

 

(75,000

)

(0.6

)

(100,000

)

(0.6

)

 

 

Alternative fuel tax credit

 

(22,750

)

(0.2

)

(37,370

)

(0.2

)

 

 

Stock-based compensation

 

(117,395

)

(0.9

)

16,800

 

0.1

 

30,580

 

0.2

 

Valuation allowance

 

 

 

 

 

(4,589,180

)

(36.8

)

Other, net

 

(187,396

)

(1.5

)

105,070

 

0.6

 

182,262

 

1.4

 

Effective tax

 

$

4,000,655

 

32.1

%

$

5,923,359

 

34.6

%

$

64,635

 

0.5

%

 

Uncertain Tax Positions

 

The Company recognizes income tax benefits only when it is more likely than not that the tax position will be allowed upon examination by taxing authorities, which is presumed to occur.  The amount of such tax benefit recorded is the largest amount that is more likely than not to be allowed.  A reconciliation of the change in the unrecognized tax benefits for the three years ended December 27, 2014 is as follows:

 

Unrecognized tax benefits at January 1, 2012

 

$

719,612

 

Gross increases - tax positions in prior periods

 

22,430

 

Lapse of statute of limitations

 

(222,431

)

Unrecognized tax benefits at December 29, 2012

 

519,611

 

Gross increases - tax positions in prior periods

 

197,310

 

Lapse of statute of limitations

 

(57,921

)

Unrecognized tax benefits at December 28, 2013

 

659,000

 

Gross increases - tax positions in prior periods

 

157,657

 

Lapse of statute of limitations

 

(70,657

)

Unrecognized tax benefits at December 27, 2014

 

$

746,000

 

 

The entire balance of approximately $746,000 at December 27, 2014 relates to unrecognized tax positions that, if recognized, would affect the annual effective tax rate.  The Company is subject to U.S. federal income tax as well as various state taxes.  The Company is no longer subject to examination by federal taxing authorities for the fiscal year ended 2010 and earlier.  The Company does not expect the total amount of unrecognized tax benefits to significantly increase or decrease over the next twelve months.  Interest and penalties related to income tax matters are recognized in income tax expense.  Interest and penalties accrued for, and recognized during, the fiscal years ended December 27, 2014, December 28, 2013, and December 29, 2012 were immaterial.