7.Income Taxes

 

Deferred tax assets (liabilities) are comprised of the following at the period end (in thousands):

 

   September 30, 2025
Long Term
   September 24, 2024
Long Term
 
Deferred income tax assets (liabilities):          
Tax effect of net operating loss carry-forward  $3,650   $3,426 
General business credits   8,576    7,399 
Deferred revenue   25    52 
Intangibles basis differences   174    547 
Long-term lease liability   9,030    9,443 
Other future benefits   597    664 
Deferred tax assets   22,052    21,531 
Less valuation allowance   
-
    
-
 
Deferred tax assets, net of valuation allowance   22,052    21,531 
Partnership/joint venture basis differences   (145)   (95)
Property and equipment basis differences   (1,319)   (1,599)
ROU asset   (7,447)   (7,630)
Other future expense   (110)   
-
 
Deferred tax liabilities   (9,021)   (9,324)
Net deferred tax assets  $13,031   $12,207 

 

The Company has Federal net operating loss carry-forwards available for future periods, as discussed below, of approximately $734,000 from 2025, $11,787,000 from 2019 and $1,035,000 from 2017 and prior for income tax purposes. The net operating loss carry-forwards from periods prior to 2019 expire between 2029 and 2038. Based on the changes in control, which occurred in 2011, 2013, and 2017, the utilization of the loss carry-forwards incurred for periods prior to 2017 is limited to approximately $163,000 per year. In addition, the Company has general business tax credits of $8,576,000 from 2014 through 2025 which expire from 2034 through 2044. As of September 30, 2025, our deferred tax assets were primarily the result of net operating loss and tax credit carry-forwards. No valuation allowance was recorded against our gross deferred tax asset balance as of September 30, 2025 or September 24, 2024. As of each reporting date, management considers new evidence, both positive and negative, that could affect its view of the future realization of deferred tax assets. As of September 30, 2025, management determined that there is sufficient positive evidence, including the recent cumulative pretax income, potential future taxable income from the acquisition of the non-controlling interests in several joint interests in fiscal year 2023, recent tempering of inflation pressures, and the utilization of net operating loss carry-forwards on the most recently filed tax return. Based on the review of this evidence, management determined that there is sufficient positive evidence to conclude that it is more likely than not deferred taxes assets are realizable and therefore no valuation allowance is necessary.

 

The following table summarizes the components of the provision for income taxes (in thousands):

 

   Fiscal 2025   Fiscal 2024 
Current:          
Federal  $
-
   $
-
 
State   
-
    
-
 
    
-
    
-
 
Deferred:          
Federal   (808)   (632)
State   (16)   8 
    (824)   (624)
Total income tax benefit  $(824)  $(624)

 

The income tax expense for years ended September 30, 2025 and September 24, 2024 differed from the amounts computed by applying the U.S. Federal statutory tax rate to pre-tax income as follows (in thousands):

 

   Fiscal 2025   Fiscal 2024 
U.S. Federal tax provision at statutory rate  $58   $208 
State (tax benefit) income tax, net of federal tax benefit   (16)   (2)
FICA/WOTC tax credits   (1,170)   (1,126)
Effect of change in valuation allowance   
-
    
-
 
Permanent differences   272    281 
Impact of noncontrolling interest   (16)   
-
 
Other   48    15 
Provision for income taxes  $(824)  $(624)

Historical Timeline

Fiscal YearFiled
2025Dec 29, 2025Showing above
2024Dec 12, 2024
2023Dec 14, 2023
2022Dec 15, 2022
2021Dec 16, 2021
2020Dec 18, 2020
2019Dec 20, 2019
2018Dec 14, 2018
2017Dec 22, 2017
2016Dec 27, 2016
2015Dec 29, 2015

About Income Taxes Disclosures

The income tax disclosure reveals how much a company actually pays in taxes versus what the statutory rate would predict. Analysts focus on the effective tax rate (ETR) reconciliation, which breaks down every item driving the gap between the 21% federal rate and the company's reported ETR — including R&D credits, foreign rate differentials, and state taxes. Deferred tax assets (DTAs) and their valuation allowances signal management's confidence in future profitability: a rising allowance suggests the company doubts it can use accumulated tax benefits. Uncertain tax benefit (UTB) reserves quantify exposure to IRS challenges on aggressive positions.

Key signals to watch: sudden ETR drops without clear operational reasons, large increases in valuation allowances, growing UTB balances, and significant unremitted foreign earnings. Post-TCJA, pay attention to GILTI and BEAT provisions that affect multinational tax structures. Compare the cash taxes paid (from the cash flow statement) against the income tax provision to gauge earnings quality.