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INCOME TAXES
12 Months Ended
Jul. 30, 2016
Income Tax Disclosure [Abstract]  
INCOME TAXES
NOTE 5 — INCOME TAXES

The components of the provision for income taxes are:
 
 
2016
 
2015
 
2014
Federal:
 
 
 
 
 
Current
$
13,150

 
$
2,424

 
$
10,808

Deferred
183

 
13,954

 
(6,938
)
 
 
 
 
 
 
State:
 

 
 

 
 

Current
4,215

 
(6,490
)
 
21,043

Deferred
(253
)
 
887

 
(1,110
)
 
 
 
 
 
 
 
$
17,295

 
$
10,775

 
$
23,803



Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities are as follows:
 
 
July 30,
2016
 
July 25,
2015
Deferred tax assets:
 
 
 

Leasing activities
$
7,922

 
$
7,882

Federal benefit of uncertain tax positions
282

 
230

Compensation related costs
4,209

 
3,696

Pension costs
11,097

 
13,333

Other
704

 
734

 
 
 
 
Total deferred tax assets
24,214

 
25,875

 
 
 
 
Deferred tax liabilities:
 

 
 

Tax over book depreciation
17,114

 
16,559

Patronage dividend receivable
5,270

 
5,193

Investment in partnerships
1,476

 
1,418

Other
171

 
172

 
 
 
 
Total deferred tax liabilities
24,031

 
23,342

 
 
 
 
Net deferred tax asset (liability)
$
183

 
$
2,533

 



Deferred income tax assets (liabilities) are included in the following captions on the consolidated balance sheets at July 30, 2016 and July 25, 2015:
 
2016
 
2015
Other assets
1,576

 
2,533

Other liabilities
(1,393
)
 



Effective April 24, 2016, the Company early adopted FASB ASU 2015-17, "Income Taxes (Topic 740): Balance Sheet Classification of Deferred Taxes," which requires all deferred tax assets and liabilities to be classified as noncurrent on the balance sheet. Current deferred tax liabilities of $2,013 have been reclassified from accounts payable and accrued expenses to other assets in the consolidated balance sheet for the period ended July 25, 2015 to conform with the ASU.
 
A valuation allowance is provided when it is more likely than not that some portion of the deferred tax assets will not be realized. In management’s opinion, in view of the Company’s previous, current and projected taxable income and reversal of deferred tax liabilities, such tax assets will more likely than not be fully realized. Accordingly, no valuation allowance was deemed to be required at July 30, 2016 and July 25, 2015.

The effective income tax rate differs from the statutory federal income tax rate as follows:
 
2016
 
2015
 
2014
Statutory federal income tax rate
35.0
 %
 
35.0
 %
 
35.0
%
State income taxes, net of federal tax benefit
5.9
 %
 
6.1
 %
 
6.4
%
Unrecognized tax benefits, interest and penalties on prior year tax positions
 %
 
(17.6
)%
 
34.9
%
Current year interest and penalties on unrecognized tax benefits
0.2
 %
 
2.0
 %
 
5.4
%
Other
(0.3
)%
 
0.5
 %
 
0.8
%
 
 
 
 
 
 
Effective income tax rate
40.8
 %
 
26.0
 %
 
82.5
%


In prior years, the state of New Jersey issued two separate tax assessments related to nexus beginning in fiscal 2000 and the deductibility of certain payments between subsidiaries beginning in fiscal 2002.  Village contested both of these assessments through the state’s conference and appeals process and was subsequently denied. The Company then filed two complaints in Tax Court against the New Jersey Division of Taxation (the "Division") contesting these assessments and a trial limited to the nexus dispute was conducted in June 2013. On October 23, 2013, the Tax Court issued their opinion on the matter in favor of the Division.  As a result, the Company recorded a $10,052 charge, net of federal benefit, to income tax expense in the fiscal quarter ended October 26, 2013, to increase unrecognized tax benefits and related interest and penalties for tax positions taken in prior years.    

On February 27, 2015, the Company reached an agreement with the Division whereby the Company paid $33,000 in March 2015 to settle the disputes with the Division for fiscal years 2000 through 2014. Net of federal benefit, the total cash outflow as a result of the settlement was approximately $21,000. Under the terms of the agreement, the Company withdrew its appeal of the Tax Court opinion on the nexus dispute. In addition, the case pending on the deductibility of certain payments between subsidiaries has been dismissed and the Division has withdrawn the related assessments. The Company recorded an income tax benefit of $7,293, net of federal taxes, in the fiscal quarter ending April 25, 2015 to reverse remaining unrecognized tax benefits and related interest and penalties in excess of the settlement.
The Division is currently auditing tax years 2011 through 2014 for all applicable entities and tax years 2000 through 2014 related to the February 2015 settlement agreement. The Company is open to examination by the remaining relevant tax authorities with varying statutes of limitations, generally ranging from three to four years.










A reconciliation of the beginning and ending amount of gross unrecognized tax benefits is as follows:
 
2016
 
2015
Balance at beginning of year
$
514

 
$
27,846

Additions based on tax positions related to the current year
117

 
76

Reductions based on tax positions related to prior periods

 
(546
)
Cash paid on settlements

 
(26,862
)
 
 
 
 
Balance at end of year
$
631

 
$
514


Unrecognized tax benefits at July 30, 2016 and July 25, 2015 include tax positions of $541 and $334 (net of federal benefit), respectively, that would reduce the Company’s effective income tax rate, if recognized in future periods.

Although the outcome and timing are uncertain, the Company anticipates that the balance of gross unrecognized tax benefits will reverse during the next twelve months.

The Company recognizes interest and penalties on income taxes in income tax expense. The Company recognized expense (benefit) of $39, $(9,811) and $10,287 in fiscal 2016, 2015 and 2014, respectively, related to interest and penalties on income taxes. The amount of accrued interest and penalties included in the consolidated balance sheet was $192 and $158 at July 30, 2016 and July 25, 2015, respectively.