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Income Taxes
12 Months Ended
Sep. 29, 2013
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES
The fiscal year income taxes consist of the following (in thousands):
 
 
2013
 
2012
 
2011
Current:
 
 
 
 
 
 
Federal
 
$
51,367

 
$
35,205

 
$
50,255

State
 
7,583

 
5,248

 
11,042

 
 
58,950

 
40,453

 
61,297

Deferred:
 
 
 
 
 
 
Federal
 
(16,897
)
 
(5,553
)
 
(8,077
)
State
 
(1,707
)
 
(1,062
)
 
(4,755
)
 
 
(18,604
)
 
(6,615
)
 
(12,832
)
Income tax expense from continuing operations
 
$
40,346

 
$
33,838

 
$
48,465

 
 
 
 
 
 
 
Income tax benefit from discontinued operations
 
$
(19,566
)
 
$
(6,651
)
 
$
(3,287
)

A reconciliation of the federal statutory income tax rate to our effective tax rate for continuing operations is as follows:
 
 
2013
 
2012
 
2011
Computed at federal statutory rate
 
35.0
%
 
35.0
%
 
35.0
%
State income taxes, net of federal tax benefit
 
3.4

 
3.3

 
3.4

Benefit of jobs tax credits
 
(1.9
)
 
(1.0
)
 
(1.4
)
Expense (benefit) related to COLIs
 
(2.9
)
 
(4.6
)
 
0.3

Other, net
 
(0.8
)
 
0.5

 
(1.2
)
 
 
32.8
%
 
33.2
%
 
36.1
%


The tax effects of temporary differences that give rise to significant portions of deferred tax assets and deferred tax liabilities at each year-end are presented below (in thousands):
 
 
2013
 
2012
Deferred tax assets:
 
 
 
 
Accrued pension and postretirement benefits
 
$
66,698

 
$
109,443

Accrued insurance
 
13,115

 
12,096

Accrued vacation pay expense
 
3,259

 
4,611

Deferred income
 
1,441

 
1,969

Impairment
 
27,944

 
22,763

Divestment
 
11,361

 
6,252

Other reserves and allowances
 
3,964

 
3,489

Tax loss and tax credit carryforwards
 
4,619

 
5,093

Leasing transactions
 
7,471

 
10,893

Share-based compensation
 
13,128

 
18,722

Other, net
 
4,280

 
3,297

Total gross deferred tax assets
 
157,280

 
198,628

Valuation allowance
 
(4,619
)
 
(5,093
)
Total net deferred tax assets
 
152,661

 
193,535

Deferred tax liabilities:
 
 
 
 
Property and equipment, principally due to differences in depreciation
 
(9,753
)
 
(27,230
)
Intangible assets
 
(27,350
)
 
(23,837
)
Other
 
(40
)
 

Total gross deferred tax liabilities
 
(37,143
)
 
(51,067
)
Net deferred tax assets
 
$
115,518

 
$
142,468


Deferred tax assets at September 29, 2013 include state net operating loss carryforwards of approximately $78.1 million expiring at various times between 2017 and 2034. At September 29, 2013 and September 30, 2012, we recorded a valuation allowance related to state net operating losses of $4.6 million and $5.1 million, respectively. The current year change in the valuation allowance of $0.5 million relates to net operating losses. We believe that it is more likely than not that these loss carryforwards will not be realized and that the remaining deferred tax assets will be realized through future taxable income or alternative tax strategies.
Our gross unrecognized tax benefits associated with uncertain income tax positions decreased during fiscal 2013 based on a preliminary assessment of a state income tax audit. A reconciliation of the beginning and ending amount of unrecognized tax benefits follows (in thousands):
 
 
2013
 
2012
Balance beginning of year
 
$
905

 
$
629

Change related to tax positions
 
(136
)
 
276

Balance at end of year
 
$
769

 
$
905


From time to time, we may take positions for filing our tax returns which may differ from the treatment of the same item for financial reporting purposes. The ultimate outcome of these items will not be known until the IRS has completed its examination or until the statute of limitations has expired.
It is reasonably possible that changes of approximately $0.8 million to the gross unrecognized tax benefits will be required within the next twelve months. These changes relate to the possible settlement of state tax audits.
 
The major jurisdictions in which the Company files income tax returns include the United States and states in which we operate that impose an income tax. The federal statutes of limitations have not expired for fiscal years 2008 and forward. The statutes of limitations for California and Texas, which constitute the Company’s major state tax jurisdictions, have not expired for fiscal years 2001 and 2007, respectively, and forward. Generally, the statutes of limitations for the other state jurisdictions have not expired for fiscal years 2009 and forward.