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Federal and State Income Taxes
6 Months Ended
Jul. 01, 2017
Income Tax Disclosure [Abstract]  
Federal and State Income Taxes

NOTE 6 – FEDERAL AND STATE INCOME TAXES

 

The Company accounts for income taxes in accordance with FASB Accounting Standards Codification 740, “Income Taxes” (“ASC 740”). Under ASC 740, we estimate an annual effective tax rate based on year-to-date operating results and our projection of operating results for the remainder of the year. We apply this annual effective tax rate to the year-to-date operating results. If our actual results differ from the estimated annual projection, our estimated annual effective tax rate can change affecting the tax expense for successive interim results as well as the estimated annual tax expense results. Certain states are not included in the calculation of the estimated annual effective tax rate because the underlying basis for the tax is related to revenues and not taxable income. Amounts for Texas margin taxes are reported as income tax expense.

 

The Company applies a more likely than not recognition threshold for all tax uncertainties. The FASB guidance for uncertain tax positions only allows the recognition of those tax benefits, based on their technical merits that have a greater than 50 percent likelihood of being sustained upon examination by the taxing authorities. Management has reviewed the Company’s tax positions and determined there are no uncertain tax positions requiring recognition in the financial statements. U.S. federal tax returns prior to 2013 and Texas margins tax returns prior to 2013 are closed. Generally, the applicable statues of limitations are three to four years from their filings.

 

The Company recorded a $392 thousand income tax expense versus a $95 thousand income tax expense for the three months ended July 1, 2017, as compared to the three months ended June 25, 2016. The tax expense was principally due to stock options that expired during the quarter which represented $391 thousand in tax expense and the change in the annual effective tax rate as calculated under ASC 740-270.

 

The effective income tax benefit rate for the six months ended July 1, 2017 was 20.9%, as compared to 27.7% for the six months ended June 25, 2016. The effective tax benefit rate differed from the federal statutory tax benefit rate of 35% primarily due to non-deductible items and the expiration of non-qualified stock options, which represents tax expense of approximately 22% partially offset by adjustments of state tax NOLs and foreign income taxes, which represents tax benefits of approximately 11%.