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Income Taxes
12 Months Ended
Sep. 28, 2014
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES
Income taxes consist of the following in each fiscal year (in thousands):
 
 
2014
 
2013
 
2012
Current:
 
 
 
 
 
 
Federal
 
$
43,864

 
$
51,367

 
$
35,205

State
 
3,770

 
7,583

 
5,248

 
 
47,634

 
58,950

 
40,453

Deferred:
 
 
 
 
 
 
Federal
 
3,700

 
(16,897
)
 
(5,553
)
State
 
452

 
(1,707
)
 
(1,062
)
 
 
4,152

 
(18,604
)
 
(6,615
)
Income tax expense from continuing operations
 
$
51,786

 
$
40,346

 
$
33,838

 
 
 
 
 
 
 
Income tax benefit from discontinued operations
 
$
(3,629
)
 
$
(19,566
)
 
$
(6,651
)

A reconciliation of the federal statutory income tax rate to our effective tax rate for continuing operations is as follows:
 
 
2014
 
2013
 
2012
Computed at federal statutory rate
 
35.0
%
 
35.0
%
 
35.0
%
State income taxes, net of federal tax benefit
 
3.3

 
3.4

 
3.3

Benefit of jobs tax credits, net of valuation allowance
 
(1.2
)
 
(1.9
)
 
(1.0
)
Benefit related to COLIs
 
(1.6
)
 
(2.9
)
 
(4.6
)
Other, net
 
(0.2
)
 
(0.8
)
 
0.5

 
 
35.3
%
 
32.8
%
 
33.2
%


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):
 
 
2014
 
2013
Deferred tax assets:
 
 
 
 
Accrued pension and postretirement benefits
 
$
77,170

 
$
66,698

Accrued insurance
 
12,874

 
13,115

Accrued vacation pay expense
 
2,132

 
3,259

Deferred income
 
1,436

 
1,441

Impairment
 
25,391

 
27,944

Lease commitments related to closed or refranchised locations
 
12,686

 
11,361

Other reserves and allowances
 
1,303

 
3,964

Tax loss and tax credit carryforwards
 
10,705

 
4,619

Leasing transactions
 
7,201

 
7,471

Share-based compensation
 
9,416

 
13,128

Other, net
 
4,508

 
4,280

Total gross deferred tax assets
 
164,822

 
157,280

Valuation allowance
 
(8,624
)
 
(4,619
)
Total net deferred tax assets
 
156,198

 
152,661

Deferred tax liabilities:
 
 
 
 
Property and equipment, principally due to differences in depreciation
 
(38,362
)
 
(9,753
)
Intangible assets
 
(28,149
)
 
(27,350
)
Other
 
(2,069
)
 
(40
)
Total gross deferred tax liabilities
 
(68,580
)
 
(37,143
)
Net deferred tax assets
 
$
87,618

 
$
115,518


Deferred tax assets at September 28, 2014 include state net operating loss carryforwards of approximately $75.4 million expiring at various times between 2017 and 2034. At September 28, 2014 and September 29, 2013, we recorded a valuation allowance related to losses and state tax credits of $8.6 million and $4.6 million, respectively. The current year change in the valuation allowance of $4.0 million relates primarily to increases in valuation allowance on state net operating losses and state tax credits. We believe that it is more likely than not that these loss and credit carryforwards will not be realized and that the remaining deferred tax assets will be realized through future taxable income or alternative tax strategies.
During the third quarter of 2014, we completed a fixed asset cost segregation study which was included in our tax return filings related to fiscal year ended September 29, 2013.  This study along with other return to provision adjustments related to fiscal year ended September 29, 2013 resulted in a $1.4 million increase in current deferred tax assets, a $42.1 million decrease in non-current deferred tax assets, a $12.9 million decrease in income taxes payable, and a $27.5 million increase in income tax refunds receivable of which $20.5 million was received in the quarter ended September 28, 2014.  The income tax expense impact of the other return to provision adjustments was $0.3 million.
Our gross unrecognized tax benefits associated with uncertain income tax positions decreased during fiscal 2014 and 2013 based on a preliminary assessment of a state income tax audit. A reconciliation of the beginning and ending amounts of unrecognized tax benefits follows (in thousands):
 
 
2014
 
2013
Balance beginning of year
 
$
769

 
$
905

Change related to tax positions
 
(395
)
 
(136
)
Balance at end of year
 
$
374

 
$
769


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 or state has completed its examination or until the statute of limitations has expired.
It is reasonably possible that changes of approximately $0.4 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 2011 and forward. The Company’s federal statute of limitations for fiscal year 2009 was extended and remains open. The statutes of limitations for California and Texas, which constitute the Company’s major state tax jurisdictions, have not expired for fiscal years 2010 and 2009, respectively, and forward. However, the Company has pending appeals for California (related to fiscal years 2001 to 2007) and Texas (related to fiscal year 2007) for specific claims.