Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.6
Income Taxes
12 Months Ended
Dec. 30, 2012
Income Taxes  
Income Taxes

11. Income Taxes

        The provision (benefit) for income taxes consists of the following (in thousands):

 
  2012   2011   2010  

Current:

                   

Federal

  $ 3,977   $ 2,135   $ 596  

State

    2,703     1,832     369  

Deferred:

                   

Federal

    2,115     (1,961 )   (3,771 )

State

    (269 )   (495 )   237  
               

 

  $ 8,526   $ 1,511   $ (2,569 )
               

        The reconciliation of income tax provision that would result from applying the federal statutory rate to income tax provision as shown in the accompanying consolidated statements of income is as follows:

 
  2012   2011   2010  

Tax provision at U.S. federal statutory rate

    35.0 %   35.0 %   35.0 %

State income taxes

    4.1     4.0     7.4  

FICA tip tax credits

    (15.9 )   (24.9 )   (99.2 )

HIRE act tax credit

        (7.6 )    

Other

    (0.1 )   0.3     2.5  
               

Effective tax rate

    23.1 %   6.8 %   (54.3 )%
               

        The increase in the Company's effective tax rates in fiscal 2012 and fiscal 2011 is primarily attributable to the increase in earnings before income taxes.

        The Company's total deferred tax assets and liabilities at December 30, 2012, and December 25, 2011, are as follows (in thousands):

 
  2012   2011  

Deferred tax assets

  $ 46,634   $ 48,691  

Deferred tax liabilities

    (48,362 )   (49,038 )
           

Deferred tax liabilities, net

  $ (1,728 ) $ (347 )
           

        The Company's federal and state deferred taxes at December 30, 2012, and December 25, 2011, are as follows (in thousands):

 
  2012   2011  

Current deferred tax assets and liabilities, net:

             

Accrued compensation and related costs

  $ 8,865   $ 9,279  

Advanced payments

    1,083     676  

General business and other tax credits

    361     361  

Interest rate swap

    (2 )   201  

Other current deferred tax assets

    1,724     598  

Other current deferred tax liabilities

    (1,188 )   (1,587 )

Prepaid expenses

    (2,823 )   (2,844 )

Supplies inventory

    (5,010 )   (5,255 )
           

Current deferred tax asset, net

    3,010     1,429  
           

Non-current deferred tax assets and liabilities, net:

             

Deferred rent

    13,896     14,350  

Stock-based compensation

    6,864     7,064  

General business and other tax credits

    9,735     12,529  

Alternative minimum tax credits

    1,262     1,262  

Accrued compensation and related costs

    1,016     916  

Other non-current deferred tax assets

    666     550  

Other non-current deferred tax liabilities

    (455 )   (416 )

Goodwill

    (7,335 )   (6,458 )

Property and equipment

    (31,547 )   (32,478 )

Franchise rights

    1,163     870  

Interest rate swap

    (3 )   35  
           

Non-current deferred tax liability, net, included in other non-current liabilities

    (4,738 )   (1,776 )
           

Net deferred tax liability

  $ (1,728 ) $ (347 )
           

        Realization of net deferred tax assets are dependent upon profitable operations and future reversals of existing taxable temporary differences. Although realization is not assured, the Company believes it is more likely than not that the net recorded benefits will be realized through the reduction of future taxable income. The amount of the net deferred tax assets is considered realizable; however, it could be reduced in the near term if actual future taxable income is lower than estimated, or if there are differences in the timing or amount of future reversals of existing taxable temporary differences.

        The Company has federal alternative minimum tax credits of $1.3 million available with no expiration date. The Company also has general business and other tax credits totaling $10.1 million available to offset future taxes which expire through 2032.

        Pursuant to the guidance for uncertain tax positions, a taxpayer must be able to more likely than not sustain a position to recognize a tax benefit, and the measurement of the benefit is calculated as the largest amount that is more than 50 percent likely to be realized upon resolution of the benefit. The Company has analyzed filing positions in all of the federal and state jurisdictions where it is required to file income tax returns, as well as all open tax years in these jurisdictions. The only periods subject to examination for the Company's federal and state returns are the 2008 through 2012 tax years.

        The following table summarizes the Company's unrecognized tax benefits (in thousands):

 
  December 30,
2012
  December 25,
2011
 

Beginning of year

  $ 212   $ 273  

Increase due to current year tax positions

    168     50  

Decrease due to current year tax positions

    (1 )   (8 )

Settlements

    (1 )   (23 )

Reductions related to lapses

    (43 )   (80 )
           

End of year

  $ 335   $ 212  
           

        The total amount of unrecognized tax benefits that, if recognized, would affect the effective tax rate is approximately $0.3 million. The Company does not anticipate significant changes in the aggregate amount of unrecognized tax benefits within the next twelve months, other than nominal tax settlements.

        The Company's policy for recording interest and penalties associated with audits is to record such items as a component of income before taxes. Penalties are recorded in Other (gains) losses, net, and interest paid or received is recorded in interest expense in the consolidated statements of income. The Company recorded nominal interest expense on the identified tax liabilities in fiscal years 2012, 2011, and 2010, and no penalties were recorded in those fiscal years.