XML 25 R12.htm IDEA: XBRL DOCUMENT v3.22.2.2
Income Taxes
12 Months Ended
Jul. 02, 2022
Income Tax Disclosure [Abstract]  
Income Taxes

6. INCOME TAXES

Income tax provision/(benefit) consisted of the following (in thousands):

 

 

Current

 

 

Deferred

 

 

Total

 

Fiscal Year Ended July 2, 2022

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

(96

)

 

$

(96

)

State and local

 

 

191

 

 

 

(22

)

 

 

169

 

Total

 

$

191

 

 

$

(118

)

 

$

73

 

Fiscal Year Ended June 30, 2021

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

20

 

 

$

20

 

State and local

 

 

267

 

 

 

4

 

 

 

271

 

Total

 

$

267

 

 

$

24

 

 

$

291

 

Fiscal Year Ended June 30, 2020

 

 

 

 

 

 

 

 

 

Federal

 

$

(286

)

 

$

306

 

 

$

20

 

State and local

 

 

196

 

 

 

5

 

 

 

201

 

Total

 

$

(90

)

 

$

311

 

 

$

221

 

 

A reconciliation between income taxes computed at the statutory federal income tax rate of 21% and taxes recognized in the Consolidated Statements of Operations was as follows (in thousands):

 

 

Fiscal Years Ended

 

 

 

July 2,

 

 

June 30,

 

 

June 30,

 

 

 

2022

 

 

2021

 

 

2020

 

Federal income tax (benefit) expense computed at statutory rate

 

$

(12,375

)

 

$

687

 

 

$

(34,883

)

State income taxes, net of related federal tax benefit (excluding state valuation allowance)

 

 

(3,051

)

 

 

3,133

 

 

 

(6,874

)

Increase (decrease) in state valuation allowance

 

 

3,202

 

 

 

(2,919

)

 

 

7,033

 

Increase (decrease) in federal valuation allowance

 

 

11,816

 

 

 

(11,637

)

 

 

34,586

 

Federal tax credits

 

 

(244

)

 

 

(113

)

 

 

(91

)

Stock option expiration or deficiencies

 

 

556

 

 

 

250

 

 

 

620

 

Warrant issue expenses

 

 

 

 

 

4,324

 

 

 

 

Reorganization expenses

 

 

19

 

 

 

6,202

 

 

 

 

Other, net

 

 

150

 

 

 

364

 

 

 

(170

)

Provision for income taxes

 

$

73

 

 

$

291

 

 

$

221

 

Deferred income taxes reflect the net tax effect of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of our deferred tax assets and liabilities as of July 2, 2022, and June 30, 2021, all of which are classified as non-current in our Consolidated Balance Sheets, were comprised of the following (in thousands):

 

 

July 2,

 

 

June 30,

 

 

 

2022

 

 

2021

 

Deferred tax assets:

 

 

 

 

 

 

Other payroll and benefits

 

$

384

 

 

$

1,182

 

Inventory reserves

 

 

604

 

 

 

931

 

Self-insurance reserves

 

 

2,083

 

 

 

2,318

 

Share-based compensation

 

 

1,981

 

 

 

1,800

 

Other current assets

 

 

1,007

 

 

 

1,160

 

Operating lease liabilities

 

 

41,503

 

 

 

52,008

 

Property and equipment

 

 

2,992

 

 

 

727

 

Disallowed interest expense

 

 

6,671

 

 

 

2,954

 

Net operating loss and tax credits

 

 

54,327

 

 

 

41,833

 

Other noncurrent assets

 

 

435

 

 

 

556

 

Total gross deferred tax assets

 

$

111,987

 

 

$

105,469

 

Deferred tax liabilities:

 

 

 

 

 

 

Inventory costs

 

$

3,855

 

 

$

2,924

 

Prepaid supplies

 

 

1,436

 

 

 

1,353

 

Operating lease - right of use

 

 

38,681

 

 

 

47,627

 

Total gross deferred tax liabilities

 

 

43,972

 

 

 

51,904

 

Valuation allowance

 

 

(68,015

)

 

 

(53,683

)

Net deferred tax liability

 

$

 

 

$

(118

)

During fiscal 2013, we established a valuation allowance related to deferred tax assets. In assessing whether a deferred tax asset would be realized, we considered whether it is more likely than not that some portion or all of the deferred tax assets would not be realized. We considered the reversal of existing taxable temporary differences, projected future taxable income, tax planning strategies and loss carry back potential in making this assessment. In evaluating the likelihood that sufficient future earnings would be available in the near future to realize the deferred tax assets, we considered our cumulative losses over three years including the then-current year. Based on the foregoing, we concluded that a valuation allowance was necessary, and based on our results since fiscal 2013, we have continued to conclude that a full tax valuation allowance is necessary. In fiscal 2022, the deferred tax asset valuation allowance, increased $14.3 million, due to our operating income for fiscal 2022 and non-deductible reorganization costs.

We have federal net operating loss carryforwards of $200.5 million. These losses can only be carried forward and utilized to offset future taxable income. Of this carryforward amount, $73.7 million will expire in fiscal years 2033 through 2037 if not utilized before then.

The remaining $126.8 million can be carried forward indefinitely, due to provisions of the TCJA. The Company also has federal tax credit carryforwards of $3.8 million. These carryforwards will expire in fiscal years 2032 through 2042 if not utilized before then. Additionally, we have tax effected state net operating loss carryforwards of $8.4 million, which will expire throughout fiscal years 2022 through 2042 filings, if not utilized before then.

Following the completion of the private placement, a change of control of the Company occurred, which is a triggering event for Section 382 of the Internal Revenue Code, its impact on the realization of positive tax attributes will be evaluated. The change in control is expected likely to result in restrictions on the Company's use of its net operating losses and certain other tax attributes in future periods.

Accounting for Uncertainty in Income Taxes

The Company or one of its subsidiaries files income tax returns in the U.S. federal jurisdiction, and various state jurisdictions. With few exceptions, the Company is no longer subject to U.S. federal, state and local income tax examinations by tax authorities for years before fiscal 2015. The Internal Revenue Service has concluded an examination of the Company for years ending on or before June 30, 2010.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

Balance at June 30, 2019

 

$

147

 

Additions for tax positions of prior years

 

 

 

Reductions for lapse of statute of limitations

 

 

 

Balance at June 30, 2020

 

$

147

 

Additions for tax positions of prior years

 

 

 

Reductions for lapse of statute of limitations

 

 

 

Balance at June 30, 2021

 

$

147

 

Additions for tax positions of prior years

 

 

 

Reductions for lapse of statute of limitations

 

 

 

Balance at July 2, 2022

 

$

147

 

The balance of taxes, interest, and penalties at July 2, 2022, that if recognized, would affect the effective tax rate is $0.4 million. We classify and recognize interest and penalties accrued related to unrecognized tax benefits in income tax expense. No interest or penalties were paid in the tax years ended July 2, 2022, June 30, 2021, and 2020.

We do not anticipate that the total amount of unrecognized tax benefits will significantly increase or decrease the effective tax rate within 12 months as of July 2, 2022.