Income Taxes

3 Months Ended

Mar. 26, 2022

Income Tax Disclosure [Abstract]

Income Taxes

. Income Taxes

As of March 26, 2022 and December 25, 2021, the Company had approximately $0.2 million and $0.2 million, respectively, of unrecognized income tax benefits.

The Company’s practice is to classify interest and penalties related to income tax matters in income tax expense. As of March 26, 2022 and December 25, 2021, the Company had $0.2 million and $0.2 million, respectively, accrued for interest and penalties recorded in other liabilities.

The Internal Revenue Service completed an examination of the 2015 consolidated corporate income tax return and issued a no change report in 2018. The Company’s state income tax returns remain subject to examination for three or four years depending on the state’s statute of limitations. The Company is not currently under any income tax audits as of March 26, 2022.

The following table provides a summary of the income tax (benefit) provision for the thirteen weeks ended March 26, 2022 and March 27, 2021:

	Thirteen weeks ended
	March 26, 2022			March 27 2021
	(in thousands)
Summary of income tax (benefit) provision
Tax (benefit) provision based on net (loss) income	$	(635	)	$	19,613
Deficiency (benefit) of ASU 2016-09		303			(8,615	)
Total income tax (benefit) provision	$	(332	)	$	10,998

The tax deficiency (benefit) of ASU 2016-09, Improvements to Employee Share-Based Payment Accounting, decreased by $8.9 million to a deficiency of $0.3 million for the thirteen weeks ended March 26, 2022 as compared to a benefit of $8.6 million for the thirteen weeks ended March 27, 2021, primarily due to changes in the stock price and the number of shares exercised.

The Company’s effective tax rate for the thirteen weeks ended March 26, 2022, excluding the impact of ASU 2016-09, was a tax benefit of 27.7% compared to a tax provision of 25.6% for the thirteen weeks ended March 27, 2021, primarily due to a decrease in pre-tax income.

The Company received a federal income tax refund in the amount of $40.8 million on April 8, 2022.