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INCOME TAXES
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
INCOME TAXES

(10) INCOME TAXES

Earnings before income taxes and equity in earnings of nonconsolidated subsidiaries are as follows:

2022

    

2021

    

2020

United States

$

224,370

$

202,051

$

169,281

Foreign

 

139,518

 

58,032

 

23,487

$

363,888

$

260,083

$

192,768

(10) INCOME TAXES – CONTINUED

Income tax expense (benefit) consists of:

    

2022

    

2021

    

2020

Current:

 

  

 

  

 

  

Federal

$

48,309

$

30,031

$

30,431

State

 

11,888

 

8,891

 

8,302

Foreign

 

48,273

 

20,644

 

12,730

 

108,470

 

59,566

 

51,463

Non-current:

 

1,442

 

1,777

 

(451)

Deferred:

 

  

 

  

 

  

Federal

 

(7,544)

 

4,587

 

(6,086)

State

 

(1,973)

 

558

 

(822)

Foreign

 

8,292

 

(5,074)

 

5,511

 

(1,225)

 

71

 

(1,397)

$

108,687

$

61,414

$

49,615

The reconciliations of the statutory federal income tax rate and the effective tax rate follows:

    

2022

2021

2020

Statutory federal income tax rate

 

21.0

%  

21.0

%  

21.0

%

State income taxes, net of federal benefit

 

2.3

 

2.9

 

3.5

Carryforwards, credits and changes in valuation allowances

 

1.0

 

1.5

 

(1.6)

Foreign jurisdictional tax rate differences

 

4.2

 

(0.1)

 

(1.7)

Changes in unrecognized tax benefits

 

0.3

 

0.7

 

0.2

Goodwill and intangible impairment

 

 

 

2.4

Loss on divestiture of offshore wind energy structures business

2.2

 

 

Other

 

(1.1)

 

(2.4)

 

1.9

 

29.9

%  

23.6

%  

25.7

%

Fiscal year 2022 includes $8,166 of tax expense related to the divestiture of the offshore wind energy structures business for which no benefit has been recorded. Fiscal year 2021 includes $1,894 of U.S. tax benefits related to foreign taxes paid offset by $5,102 of valuation allowance recorded against the offshore wind energy structures business deferred tax assets. Fiscal year 2020 includes $4,651 of tax expense related to non-tax deductible impairment of goodwill. Fiscal year 2020 also includes $1,100 of tax expense primarily related to restructuring charges for which no tax benefits have been recorded due to the increase in valuation allowance.

(10) INCOME TAXES – CONTINUED

Deferred income taxes reflect the net tax effects of (a) temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes, and (b) operating loss and tax credit carryforwards. The tax effects of significant items comprising the Company’s net deferred income tax assets/liabilities are as follows:

    

2022

    

2021

Deferred income tax assets:

 

  

 

  

Accrued expenses and allowances

$

33,577

$

21,241

Tax credits and loss carryforwards

 

67,249

 

83,690

Defined benefit pension liability

 

 

134

Inventory allowances

 

7,912

 

2,818

Accrued compensation and benefits

 

24,398

 

24,302

Lease liabilities

 

40,709

 

41,128

Deferred compensation

 

16,308

 

10,893

Gross deferred income tax assets

 

190,153

 

184,206

Valuation allowance

 

(48,974)

 

(54,256)

Net deferred income tax assets

 

141,179

 

129,950

Deferred income tax liabilities:

 

  

 

  

Property, plant and equipment

 

45,300

 

37,686

Intangible assets

 

52,750

 

48,244

Defined benefit pension asset

 

6,054

 

Lease assets

 

40,708

 

41,128

Other deferred tax liabilities

 

4,941

 

5,041

Total deferred income tax liabilities

 

149,753

 

132,099

Net deferred income tax asset (liability)

$

(8,574)

$

(2,149)

Deferred income tax assets (liabilities) are presented as follows on the Consolidated Balance Sheets:

Balance Sheet Caption

    

2022

    

2021

Other assets

$

32,517

$

45,700

Deferred income taxes

 

(41,091)

 

(47,849)

Net deferred income tax asset (liability)

$

(8,574)

$

(2,149)

Management of the Company has reviewed recent operating results and projected future operating results. The Company’s belief that realization of its net deferred tax assets is more likely than not is based on, among other factors, changes in operations that have occurred in recent years and available tax planning strategies. At December 31, 2022 and December 25, 2021 respectively, there were $67,249 and $83,690 relating to tax credits and loss carryforwards.

Valuation allowances have been established for certain losses that reduce deferred tax assets to an amount that will, more likely than not, be realized. During fiscal 2021, it was determined no longer more likely than not that the offshore wind energy structures business, based in Denmark, would generate future taxable income so a valuation allowance of $5,102 was recognized against their tax loss carryforwards. During fiscal year 2022, the offshore wind energy structures business was sold. Also in 2021, the Company recorded a valuation allowance of $6,472 against the tax attributes related to the acquisition of Prospera. The deferred tax assets at December 31, 2022 that are associated with tax loss and tax credit carryforwards not reduced by valuation allowances expire in periods starting in 2023.

Uncertain tax positions included in other non-current liabilities are evaluated in a two-step process, whereby (1) the Company determines whether it is more likely than not that the tax positions will be sustained based on the technical merits of the position and (2) for those tax positions that meet the more likely than not recognition threshold, the Company would recognize the largest amount of tax benefit that is greater than fifty percent likely to be realized upon ultimate settlement with the related tax authority.

(10) INCOME TAXES – CONTINUED

The following summarizes the activity related to the unrecognized tax benefits in 2022 and 2021:

    

2022

    

2021

Gross unrecognized tax benefits—beginning of year

$

2,664

$

1,864

Gross increases—tax positions in prior period

 

1,133

 

1,315

Gross decreases—tax positions in prior period

 

 

(6)

Gross increases—current‑period tax positions

 

523

 

240

Settlements with taxing authorities

 

(1,576)

 

Lapse of statute of limitations

 

(208)

 

(749)

Gross unrecognized tax benefits—end of year

$

2,536

$

2,664

There are approximately $1,141 of uncertain tax positions for which reversal is reasonably possible during the next 12 months due to the closing of the statute of limitations. The nature of these uncertain tax positions is generally the computation of a tax deduction or tax credit. During 2022, the Company recorded a reduction of its gross unrecognized tax benefit of $208 with $165 recorded as a reduction of income tax expense, due to the expiration of statutes of limitation in the United States. During 2021, the Company recorded a reduction of its gross unrecognized tax benefit of $749 with $592 recorded as a reduction of income tax expense, due to the expiration of statutes of limitation in the United States. In addition to these amounts, there was an aggregate of $172 and $1,758 of interest and penalties at December 31, 2022 and December 25, 2021, respectively. The Company’s policy is to record interest and penalties directly related to income taxes as income tax expense in the Consolidated Statements of Earnings.

The Company files income tax returns in the U.S. and various states as well as foreign jurisdictions. Tax years 2019 and forward remain open under U.S. statutes of limitation. The total amount of unrecognized tax benefits that, if recognized, would affect the effective tax rate was $2,447 and $4,324 at December 31, 2022 and December 25, 2021, respectively.