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INCOME TAXES
3 Months Ended
Dec. 28, 2019
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES

The Company’s provision (benefit) for income taxes consists of federal and state taxes, as applicable, in amounts necessary to align the Company’s year-to-date tax provision with the effective rate that it expects to achieve for the full year. Each quarter, the Company updates its estimate of the annual effective tax rate and records cumulative adjustments as necessary.

The income tax provision for the 13-week periods ended December 28, 2019 and December 19, 2018 were $319,000 and $23,000, respectively.  The effective tax rate for the 13 week period ended December 28, 2019 was 15.2% and differed from the statutory rate of 21% as a result of the tax benefits related to the generation of FICA tax credits and operating income attributable to non-controlling interests that is not taxable to the Company. The effective tax rate for the 13 week period ended December 29, 2018 was 287.5% and differed significantly from the statutory rate of 21% as a result of the estimated income tax provision for the quarter which included a discrete item of $22,000 divided by the marginal ordinary income for the quarter.

The Company’s overall effective tax rate in the future will be affected by factors such as the utilization of state and local net operating loss carryforwards, the generation of FICA tax credits and the mix of earnings by state taxing jurisdictions as Nevada does not impose a state income tax, as compared to the other major state and local jurisdictions in which the Company has operations. The final annual tax rate cannot be determined until the end of the fiscal year; therefore, the actual tax rate could differ from current estimates.