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Income Taxes
12 Months Ended
Dec. 30, 2015
Income Tax Disclosure [Abstract]  
Income Taxes

10. INCOME TAXES

The provision for income taxes is based on the following components (in thousands):

 

For the Years Ended

 

December 30,

2015

 

 

December 31,

2014

 

 

December 25,

2013

 

Current income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

(1

)

 

$

 

State

 

 

188

 

 

 

29

 

 

 

30

 

Total current

 

 

188

 

 

 

28

 

 

 

30

 

Deferred income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

8,871

 

 

 

(44,137

)

 

 

1,037

 

State

 

 

6,378

 

 

 

(22,864

)

 

 

334

 

Total deferred

 

 

15,249

 

 

 

(67,001

)

 

 

1,371

 

Charge in lieu of tax (attributable to stock options)

 

 

5,420

 

 

 

3,965

 

 

 

 

Tax provision for income taxes

 

$

20,857

 

 

$

(63,008

)

 

$

1,401

 

 

The provision for income taxes differs from the amount computed by applying the federal income tax rate as follows:

 

For the Years Ended

 

December 30,

2015

 

 

December 31,

2014

 

 

December 25,

2013

 

Statutory federal income tax rate of 35% applied to earnings

   before income taxes and extraordinary items

 

 

35.0

%

 

 

35.0

%

 

 

35.0

%

State tax benefit (net of federal benefit)

 

 

5.1

 

 

 

(5.7

)

 

 

5.4

 

State tax credits

 

 

(0.6

)

 

 

32.7

 

 

 

 

TRA expense

 

 

0.1

 

 

 

(70.6

)

 

 

 

Change in valuation allowance

 

 

6.5

 

 

 

317.4

 

 

 

(43.4

)

Other

 

 

0.3

 

 

 

(1.7

)

 

 

(6.5

)

Total

 

 

46.4

%

 

 

307.1

%

 

 

(9.5

)%

 

Deferred income tax assets and liabilities are recorded for differences between the financial statement and tax basis of the assets and liabilities that will result in taxable or deductible amounts in the future based on enacted laws and rates applicable to the periods in which the differences are expected to affect taxable income. Valuation allowances are established when necessary to reduce deferred tax assets to the amount expected to be realized.

The Company has evaluated the available evidence supporting the realization of its gross deferred tax assets. After evaluating all of the positive and negative evidence, including the Company’s continued income from operations and the reduction in interest expense resulting from the 2014 and 2013 refinancing of debt and from the Company’s IPO and resultant payoff of the 2013 Second Lien Term Loan, the Company concluded that it is more likely than not that its deferred tax assets will be realized. As a result, in fiscal 2014, the Company released its valuation allowance of approximately $65 million, which was recorded as a benefit to income taxes. In fiscal 2015, the Company recorded a $2.9 million valuation allowance against our deferred tax asset resulting from certain tax credits that may not be realizable prior to the time the credits expire.

On July 30, 2014, the Company entered into the TRA. The TRA calls for the Company to pay its pre-IPO stockholders 85% of the cash savings that the Company realizes in its taxes as a result of utilizing its NOLs and other tax attributes attributable to preceding periods. In fiscal 2014, the Company incurred a charge of approximately $41 million related to the present value of its total expected TRA payments. The TRA charge of $41 million is a permanent add-back to the Company’s taxable income and resulted in approximately $14 million of tax expense in fiscal 2014 and $0.1 million of tax expense in fiscal 2015.

In fiscal 2014, the Company applied for California Enterprise Zone (“EZ”) credits, resulting in approximately $10.3 million of California tax credits and approximately $6.7 million of additional deferred tax assets and tax benefits.

The Company’s deferred tax assets and liabilities consist of the following (in thousands):

 

 

 

December 30,

2015

 

 

December 31,

2014

 

Deferred assets:

 

 

 

 

 

 

 

 

Capital leases

 

$

273

 

 

$

362

 

Accrued vacation

 

 

583

 

 

 

652

 

Accrued legal

 

 

216

 

 

 

421

 

Deferred rent

 

 

3,758

 

 

 

3,348

 

Accrued workers’ compensation

 

 

1,778

 

 

 

1,626

 

Enterprise zone and other credits

 

 

11,433

 

 

 

10,815

 

Net operating losses

 

 

45,081

 

 

 

50,912

 

Fixed assets

 

 

 

 

 

4,621

 

Other

 

 

2,293

 

 

 

3,995

 

Total deferred tax assets

 

 

65,415

 

 

 

76,752

 

Valuation allowance

 

 

(2,920

)

 

 

 

Net deferred tax assets

 

 

62,495

 

 

 

76,752

 

Deferred liabilities:

 

 

 

 

 

 

 

 

Goodwill

 

 

(8,557

)

 

 

(8,272

)

Trademark

 

 

(26,525

)

 

 

(26,488

)

Prepaid expense

 

 

(761

)

 

 

(649

)

Fixed asset

 

 

(1,758

)

 

 

 

Other

 

 

(5,087

)

 

 

(6,287

)

Deferred tax liabilities

 

 

(42,688

)

 

 

(41,696

)

Net deferred tax asset

 

$

19,807

 

 

$

35,056

 

 

The deferred tax amounts mentioned above have been classified on the accompanying consolidated balance sheets as follows (in thousands):

 

 

 

December 30,

2015

 

 

December 31,

2014

 

Current:

 

 

 

 

 

 

 

 

Assets (liabilities)

 

$

21,656

 

 

$

19,490

 

Noncurrent:

 

 

 

 

 

 

 

 

Assets (liabilities)

 

 

(1,849

)

 

 

15,566

 

 

 

$

19,807

 

 

$

35,056

 

 

As of December 30, 2015, the Company has federal and state NOL carryforwards of approximately $105.2 million and $93.6 million, respectively, which expire beginning in 2028 and 2025, respectively.  The Company also has state enterprise zone credits of approximately $11.0 million, which expire in 2023, and federal and state alternative minimum tax ("AMT") credits of approximately $0.4 million, which carry forward indefinitely.  In fiscal 2014, the Company completed a section 382 analysis and determined that all of the Company's NOL carryforwards and other tax attributes are subject to limitation under section 382 of the Internal Revenue Code of 1986 (the “Code”) and similar state law provisions.  However, that limitation did not impact the Company's 2015 or 2015 year tax liability.  

The Company has elected to utilize the tax-law-ordering approach with respect to excess share-based compensation deductions.  Under this approach, the utilization of excess tax deductions associated with share-based awards is dictated by provisions in the tax law that identify the sequence in which such benefits are utilized for tax purposes.  In fiscal 2015 and 2014, the Company recognized excess tax deductions of approximately $15.0 million and $9.9 million, respectively. The associated windfall tax benefits of approximately $5.4 million and $4.0 million, respectively, were recorded in additional paid-in-capital ("APIC") pursuant to the tax-law-ordering approach.

Recently enacted tax laws may also affect the tax provision on the Company's consolidated financial statements.  The state of California passed a new law which mandates the use of a single sales factor apportionment formula for tax year beginning on or after January 1, 2013. As a result, our state deferred tax assets were revalued during the year ended December 25, 2013 in order to account for the change in tax law.  As of December 30, 2015, there was a $2.9 million valuation allowance against the state deferred tax asset.

As of December 30, 2015, December 31, 2014, and December 25, 2013, the Company had no accrual for unrecognized tax benefits.  Consequently, no interest or penalties have been accrued by the Company.  The Company believes that no significant changes to the amount of unrecognized tax benefits will occur within the next twelve months.  

The Company is subject to taxation in the United States and in various state jurisdictions.  The Company is no longer subject to U.S. examination for years before 2012 by the federal taxing authority, and for years before 2011 by state taxing authorities.