Income Taxes

9 Months Ended

Sep. 25, 2022

Income Tax Disclosure [Abstract]

Income Taxes

Income Taxes

A reconciliation of the total income tax provision (benefit) to the amount computed by applying the statutory federal income tax rate of 21% to income (loss) from continuing operations before income taxes for the three and nine months ended September 25, 2022 and September 26, 2021 is as follows (in millions):

	For the Three Months Ended				For the Nine Months Ended
	September 25, 2022		September 26, 2021		September 25, 2022		September 26, 2021
Income tax expense (benefit) at federal statutory rate	$	(1.8)	$	1.0	$	(7.0)	$	0.3
Nondeductible expenses and other	1.4		5.7		3.9		2.1
Stock compensation - excess tax benefits	(0.2)		(0.1)		(0.8)		(2.7)
Federal impact of research & development tax credits	(0.2)		(0.9)		(0.7)		(0.3)
Expense (benefit) for income taxes from continuing operations	$	(0.8)	$	5.7	$	(4.6)	$	(0.6)

The Company calculates its interim income tax provision in accordance with ASC Topic 270, “Interim Reporting,” and ASC Topic 740, “Accounting for Income Taxes.” Historically, the Company calculated the provision for income taxes during the interim reporting periods by applying an estimate of the annual effective tax rate for the full fiscal year to “ordinary” income or loss (pretax income or loss excluding unusual or infrequently occurring discrete items) for the reporting period. The Company determined that since small changes in estimated “ordinary” income would result in significant changes in the

estimated annual effective tax rate, the historical method would not provide a reliable estimate for the nine months ended September 25, 2022. Therefore, a discrete effective tax rate method was used to calculate taxes for the nine months ended September 25, 2022.

As of December 26, 2021, the Company had $25.9 million of unrecognized tax benefits that, if recognized, would impact the Company’s effective income tax rate. During the nine months ended September 25, 2022 unrecognized tax benefits increased by $0.2 million relating to various current year tax positions.

The Company recognizes interest and penalties related to unrecognized tax benefits in its provision for income taxes. For the nine months ended September 25, 2022 and September 26, 2021, the Company recorded an expense for interest and penalties of $0.3 million and $0.5 million, respectively. For the nine months ended September 25, 2022 and September 26, 2021, there was no material benefit recorded related to the removal of interest and penalties. The Company believes that it is reasonably possible that as much as $0.5 million of the liabilities for uncertain tax positions will expire within the next twelve months due to the expiration of various applicable statutes of limitations.

On August 16, 2022, the Inflation Reduction Act of 2022 (“IRA”), was signed into law. Among other things, the IRA imposes a 15% corporate alternative minimum tax for tax years beginning after December 31, 2022, levies a 1% excise tax on net stock purchases after December 31, 2022, and provides tax incentives to promote clean energy. The IRA is not expected to have a material impact on our results of operations or financial position.