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Income Taxes (Tables)
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Schedule of components of income tax expense
The provision for income taxes was as follows:
(in thousands)
 
Year Ended December 31,
Current:
 
2019
 
2018
 
2017
Federal
 
$

 
$

 
$

State
 
9

 
1

 
5

 
 
$
9

 
$
1

 
$
5

 
 
 
 
 
 
 
Deferred:
 
 
 
 
 
 
Federal
 
$

 
$

 
$

State
 

 

 

 
 
$

 
$

 
$

 
 
 
 
 
 
 
Provision for income tax
 
$
9

 
$
1

 
$
5


Schedule of effective income tax rate reconciliation
A reconciliation of income tax expense from continuing operations to the amount computed by applying the statutory federal income tax rate to the net loss from continuing operations is summarized as follows:
 
 
Year Ended December 31,
(in thousands)
 
2019
 
2018
 
2017
U.S. income tax at federal statutory rate
 
$
(2,611
)
 
$
(6,276
)
 
$
(10,329
)
State income tax, net of federal benefits
 
(2,550
)
 
(1,072
)
 
(1,041
)
Stock warrant liability
 
2,626

 

 

Share-based compensation
 
(21,236
)
 
(615
)
 
81

Research and development credits
 
(8
)
 
(6
)
 
(4
)
Return to provision and other
 

 
29

 

Change in tax rates
 
73

 
668

 
11,783

Other
 
(98
)
 
363

 
470

Change in valuation allowance
 
23,813

 
6,910

 
(955
)
Provision for income tax
 
$
9

 
$
1

 
$
5


Schedule of deferred tax assets and liabilities A valuation allowance has been recorded to offset the net deferred tax assets as of December 31, 2019 and 2018, as the realization of such assets does not meet the more-likely-than-not threshold.
 
 
December 31,
(in thousands)
 
2019
 
2018
Deferred Tax Assets:
 
 
 
 
Net operating loss (NOL)
 
$
50,663

 
$
29,634

Intangibles
 
1,252

 
1,407

Share-based compensation
 
2,704

 
83

Interest
 

 
148

Inventory reserve
 
1,509

 

Other
 
204

 
628

Total gross deferred tax assets
 
56,332

 
31,900

Deferred Tax liabilities:
 
 
 
 
Property, plant and equipment
 
904

 
283

Total gross deferred tax liabilities
 
904

 
283

 
 
 
 
 
Valuation allowance
 
55,428

 
31,617

Net deferred tax assets (liabilities)
 
$

 
$


Schedule of unrecognized tax benefits
The following table summarizes the activity related to the Company’s gross unrecognized tax benefits at the beginning and end of the years ended December 31, 2019 and 2018:
 
 
Year Ended December 31,
 
 
2019
 
2018
Gross unrecognized tax benefits at the beginning of the year
 
$
1,846

 
$
1,201

Increases related to current year positions
 
1,695

 
888

Increases/Decreases related to prior year positions
 
(205
)
 
(243
)
Gross unrecognized tax benefits at the end of the year
 
$
3,336

 
$
1,846