Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.8
Income Taxes
 12 Months Ended
Dec. 28, 2013
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
 
For fiscal year 2013, we recorded an income tax benefit of $338. As of December 29, 2012, we recorded a full valuation allowance against the majority of our U.S. deferred tax assets due to the uncertainty of their realization. During the fourth quarter of 2013, we concluded, based on the assessment of all available evidence, including previous three-year cumulative income and estimates of future profitability, that it was more-likely-than-not that we would be able to realize the majority of our deferred tax assets in the future and as a result recorded a $1,200 non-cash reversal of our deferred tax asset valuation allowance.  As of December 28, 2013, we maintained a valuation allowance of $613 against our state net operating loss carryforwards, foreign tax credits and capital loss carryforward deferred tax assets. During fiscal year 2013, we also utilized $372 in net operating loss deferred tax assets that were reduced by a full valuation allowance due to the uncertainty of future realization as of December 29, 2012.  In fiscal year 2013, we recorded a $1,234 tax provision related to taxable income primarily from our U.S. operations, which partially offset the $1,572 reduction in our deferred tax asset valuation allowance.

For fiscal year 2012, we recorded a provision for income taxes of $83. The provision recorded in fiscal year 2012 was related primarily to the tax effect of the cumulative undistributed earnings from our Canadian subsidiary as it was determined that our investment is no longer permanent in duration. In fiscal year 2012, we recognized a net deferred tax liability of $114, consisting of a deferred tax liability of $994 for undistributed earnings and a deferred tax assets of $880 for foreign tax credits related to the undistributed earnings. In fiscal year 2012, we recorded a valuation allowance of $1,154 primarily against the NOLs generated during the year as it was determined at the time to be more-likely-than-not that we will not recognize the benefit of the net loss incurred in 2012.

The provision for (benefit of) income taxes for fiscal years 2013 and 2012 consisted of the following:
 
For the fiscal years ended
 
December 28, 2013
 
December 29, 2012
Current tax expense:
 

 
 

Federal
$
123

 
$
(248
)
State
107

 
26

Foreign
(71
)
 
(62
)
Current tax expense
$
159

 
$
(284
)
Deferred tax expense — domestic
(499
)
 
365

Deferred tax expense — foreign
2

 
2

Provision for (benefit of) income taxes
$
(338
)
 
$
83


 
A reconciliation of our provision for (benefit of) income taxes with the federal statutory tax rate for fiscal years 2013 and 2012 is shown below:
 
For the fiscal years ended
 
December 28, 2013
 
December 29, 2012
Income tax expense at statutory rate
$
1,120

 
$
(1,487
)
Portion attributable to noncontrolling interest at statutory rate
(107
)
 
205

State tax expense, net of federal tax effect
188

 
(130
)
Permanent differences
61

 
194

Change in valuation allowance
(372
)
 
1,154

Recognition of tax effect for the cumulative undistributed earnings from Canada
(54
)
 
114

Reversal of deferred tax asset valuation allowance
(1,200
)
 
—

Adjustment of deferred tax assets
(1
)
 
58

Foreign income tax payable true-up
(4
)
 
(57
)
Other
31

 
32

 
$
(338
)
 
$
83



Income before provision for (benefit of) income taxes and noncontrolling interest was derived from the following sources for fiscal years 2013 and 2012 as shown below:
 
For the fiscal years ended
 
December 28, 2013
 
December 29, 2012
United States
$
3,532

 
$
(4,356
)
Canada
(237
)
 
(17
)
 
$
3,295

 
$
(4,373
)

 
The components of net deferred tax assets (liabilities) as of December 28, 2013, and December 29, 2012, are as follows:
 
December 28, 2013
 
December 29, 2012
Deferred tax assets:
 
 
 
Net operating loss carryforwards
$
317

 
$
689

Federal and state tax credits
199

 
464

Reserves
210

 
414

Accrued expenses
257

 
254

Share-based compensation
307

 
286

Deferred gain
142

 
331

Property and equipment
21

 
25

Total deferred tax assets
1,453

 
2,463

Deferred tax liabilities:
 
 
 

Prepaid expenses
(148
)
 
(146
)
Property and equipment
(29
)
 
(50
)
Investments
(1,211
)
 
(1,124
)
Total deferred tax liabilities
(1,388
)
 
(1,320
)
Valuation allowance
(613
)
 
(2,185
)
Net deferred tax liabilities
$
(548
)
 
$
(1,042
)

 
The deferred tax amounts have been classified in the accompanying consolidated balance sheets as follows:
 
December 28, 2013
 
December 29, 2012
Current assets
$
523

 
$
—

Non-current assets
21

 
25

Current liabilities
—

 
(146
)
Non-current liabilities
(1,092
)
 
(921
)
 
$
(548
)
 
$
(1,042
)

 
Future utilization of net operating loss (“NOL”) and tax credit carryforwards is subject to certain limitations under provisions of Section 382 of the Internal Revenue Code.  This section relates to a 50 percent change in control over a three-year period.  We believe that the issuance of Common Stock during 1999 resulted in an “ownership change” under Section 382.  Accordingly, our ability to utilize NOL and tax credit carryforwards generated prior to February 1999 is limited to approximately $56 per year.

As of December 28, 2013, we had $278 of federal NOL carryforwards not subject to IRC section 382 limitations that begin expiring in 2018 and a foreign tax credit carryforward of $256.  We also had state NOL carryforwards of $4,638.  The state NOL carryforwards are available to offset future taxable income or reduce taxes payable through 2029.  These state loss carryforwards began expiring in 2011.

We recognize the financial statement benefit of a tax position only after determining that the relevant tax authority would more-likely-than-not sustain the position.  For tax positions meeting the more-likely-than-not threshold, the amount recognized in the financial statements is the largest benefit that has a greater than 50% percent likelihood of being realized upon ultimate settlement with the relevant tax authority.  As of December 28, 2013, and December 29, 2012, we did not have any material uncertain tax positions.
 
It is our practice to recognize interest related to income tax matters as a component of interest expense and penalties as a component of selling, general and administrative expense.  As of December 28, 2013, and December 29, 2012, we had an immaterial amount of accrued interest and penalties.

We are subject to income taxes in the U.S. federal jurisdiction, foreign jurisdictions and various state jurisdictions.  Tax regulations from each jurisdiction are subject to the interpretation of the related tax laws and regulations and require significant judgment to apply.  With few exceptions, we are no longer subject to U.S. federal, foreign, state or local income tax examinations by tax authorities for the years before 2010.  We are not currently under examination by any taxing jurisdiction.
 
We had no significant unrecognized tax benefits as of December 28, 2013, that would reasonably be expected to affect our effective tax rate during the next twelve months.