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INCOME TAXES (Tables)
12 Months Ended
Sep. 28, 2024
Income Tax Disclosure [Abstract]  
Schedule of Benefit for Income Taxes
The benefit for income taxes consists of the following:
 Year Ended
 September 28,
2024
September 30,
2023
 (in thousands)
Current provision (benefit):
Federal$85 $319 
State and local161 237 
 246 556 
Deferred provision (benefit):
Federal(617)(237)
State and local(444)(383)
 (1,061)(620)
 $(815)$(64)
Schedule of Effective Tax Rate Reconciliation
The effective tax rate differs from the U.S. income tax rate as follows:
Year Ended
September 28,
2024
September 30,
2023
(in thousands)
Provision at federal statutory rate (21%)$(958)$(1,139)
State and local income taxes, net of tax benefits231 (241)
Goodwill impairment— 419 
Gain on forgiveness of PPP Loans(60)(57)
Tax credits(943)(961)
Loss attributable to non-controlling interest(32)(120)
Changes in tax rates49 
Change in valuation allowance963 1,866 
Other(21)120 
$(815)$(64)
Schedule of Deferred Tax Assets and Liabilities Significant components of the Company’s deferred tax assets and liabilities are as follows:
 September 28,
2024
September 30,
2023
 (in thousands)
Deferred tax assets:  
State net operating loss carryforwards$4,670 $5,170 
Lease liabilities20,349 22,072 
Deferred compensation257 376 
Tax credits3,376 2,483 
Other392 511 
Deferred tax assets, before valuation allowance29,044 30,612 
Valuation allowance(4,236)(3,273)
Deferred tax assets, net of valuation allowance24,808 27,339 
Deferred tax liabilities:
Depreciation and amortization(19,636)(23,065)
Partnership investments— (188)
Prepaid expenses(373)(348)
Deferred tax liabilities(20,009)(23,601)
Net deferred tax assets$4,799 $3,738 
Schedule of Reconciliation of Unrecognized Tax Benefits
A reconciliation of the beginning and ending amounts of unrecognized tax benefits excluding interest and penalties is as follows:
September 28,
2024
September 30,
2023
 (in thousands)
Balance at beginning of year$185 $159 
Additions based on tax positions taken in current and prior years25 26 
Decreases based on tax positions taken in prior years— — 
Balance at end of year$210 $185