INCOME TAXES (Tables)

12 Months Ended

Dec. 28, 2013

INCOME TAXES

Schedule of provision (benefit) for income taxes

	52 Weeks Ended		52 Weeks Ended			52 Weeks Ended
	December 28, 2013		December 29, 2012			December 31, 2011
Current:
Federal	$	—	$	(8,000	)	$	44,000
State		59,000		87,000			(294,000	)
		59,000		79,000			(250,000	)
Deferred:
Federal		7,476,000		(843,000	)		454,000
State		2,733,000		(521,000	)		(20,000	)
		10,209,000		(1,364,000	)		434,000
Provision (benefit) for income taxes	$	10,268,000	$	(1,285,000	)	$	184,000

Schedule of Company's effective tax rate, as a percent of income before income taxes, differs from the statutory federal tax rates

	52 Weeks Ended			52 Weeks Ended			52 Weeks Ended
	December 28, 2013			December 29, 2012			December 31, 2011
Federal statutory tax rate		34.0	%		34.0	%		34.0	%
State and local income taxes, net of federal tax benefit		4.3	%		4.6	%		8.0	%
Valuation allowance		(80.3	)%		(28.3	)%		(24.8	)%
Change in unrecognized tax benefits		0.0	%		0.0	%		(12.0	)%
Other net, primarily permanent differences		(0.5	)%		(0.7	)%		2.9	%
Provision for income taxes		(42.5	)%		9.6	%		8.1	%

Schedule of major components of the Company's net deferred tax assets (liabilities)

Current	December 28, 2013			December 29, 2012
Group insurance	$	217,000		$	227,000
Sales return reserve		257,000			189,000
Inventory		614,000			639,000
Prepaid expenses		(406,000	)		(514,000	)
		682,000			541,000
Valuation allowance		(682,000	)		(189,000	)
Total Current	$	—		$	352,000

Non-Current	December 28, 2013			December 29, 2012
Federal and State tax net operating loss carry-forwards	$	22,311,000		$	13,556,000
Deferred rent		1,438,000			1,380,000
Deferred construction allowances		(7,884,000	)		(7,273,000	)
Other (principally depreciation expense)		11,816,000			10,968,000
		27,681,000			18,631,000
Valuation allowance		(27,681,000	)		(8,774,000	)
Total Non-current	$	—		$	9,857,000