Income Taxes

12 Months Ended

Dec. 31, 2022

Income Tax Disclosure [Abstract]

Income Taxes

14. Income Taxes

Our provision for income taxes is comprised of the following:

	For the Years Ended December 31,
(in thousands)	2022		2021
Current:
Federal	$	—	$	—
State		—		16
Total current		—		16
Deferred:
Federal		189		(1,892	)
State		13		(135	)
Total deferred		202		(2,027	)
Provision for (benefit from) income taxes	$	202	$	(2,011	)

Variations from the federal statutory rate are as follows:

	For the Years Ended December 31,
(in thousands)	2022			2021
Expected federal income tax benefit at statutory rate   of 21% in 2022 and 2021	$	(533	)	$	361
Effect of permanent other differences		79			3
Goodwill		—			(2,079	)
Return to provision adjustments		220			58
State income tax expense (benefit), net of federal benefit tax assets		(38	)		26
Valuation allowance		474			(380	)
Provision for (benefit from) income taxes	$	202		$	(2,011	)

Deferred income taxes reflect net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The components of the net accumulated deferred income tax assets (liabilities) are as follows:

	As of December 31,
(in thousands)	2022			2021
Deferred tax assets (liabilities):
Stock-based compensation	$	1,085		$	1,299
Depreciation and amortization		(3,635	)		(3,319	)
Legal accrual		653			—
Net operating loss carryforward		17,159			16,427
Charitable carryforward		3			15
Right of use lease asset		(1,596	)		(1,771	)
Long-term lease		1,460			1,628
Other		187			446
Tax credits		300			300
Valuation allowance		(16,115	)		(15,334	)
Total deferred tax liabilities, net of valuation allowance	$	(499	)	$	(309	)

The source of income before income taxes are as follows:

(in thousands)	2022			2021
Domestic	$	(2,533	)	$	1,720

Periodically, we perform assessments of the realization of our net deferred tax assets considering all available evidence, both positive and negative. We determined that a valuation allowance against our deferred tax assets of $16.1 million and $15.3 million for 2022 and 2021, respectively, was necessary due to the cumulative loss incurred over a three-year period. We have federal and state net operating loss carryforwards of approximately $76.2 million and $25.4 million, respectively, of which $2.2 million in federal net operating losses expire after 2037. Net operating losses generated in 2018 and beyond do not expire.

We recognize the tax benefit from an uncertain tax position only if it is more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. We measure the tax benefits recognized in the consolidated financial statements from such a position based on the largest benefit that has a greater than 50% likelihood of being realized upon ultimate resolution. The application of income tax law is inherently complex. Laws and regulations in this area are voluminous and are often ambiguous. As such, we are required to make many subjective assumptions and judgments regarding our income tax exposures. Interpretations of and guidance surrounding income tax law and regulations change over time and may result in changes to our subjective assumptions and judgments which can materially affect amounts recognized in our consolidated balance sheets and consolidated statements of operations.

The result of our assessment of our uncertain tax positions did not have a material impact on our consolidated financial statements. Our federal and state tax returns for all years after 2015 are subject to future examination by tax authorities for all our tax jurisdictions. We recognize interest and penalties related to income tax matters in interest and other income (expense) and corporate, general and administrative expenses, respectively.