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Income Taxes (Tables)
12 Months Ended
Dec. 31, 2023
Income Tax Disclosure [Abstract]  
Schedule of Components of Income Tax Expense (Benefit) The Company's provision for income taxes from continuing operations for the years ended December 31, 2023 and 2022 is as follows:
Years Ended December 31,
20232022
(in thousands)
Current:
Federal$— $— 
State569 — 
Foreign104 — 
Total current$673 $— 
Deferred:
Federal— — 
State— — 
Total deferred$— $— 
Total provision for income taxes$673 $— 
Schedule of Effective Income Tax Rate Reconciliation The provision for income taxes differed from the amount computed by applying the federal statutory income tax rate of 21% to loss before income taxes due to the following items for the years ended December 31, 2023 and 2022:
Years Ended December 31,
20232022
(in thousands)
Tax benefit at federal statutory rate$(11,169)$(15,725)
Non-deductible compensation2,342 (1,092)
State tax, net of federal benefit(9,393)(3,227)
Valuation allowance17,251 18,834 
Shortfall of stock compensation deduction2,666 3,190 
Non-taxable warrants(1,613)(2,481)
Other589 501 
Income tax expense$673 $— 
Schedule of Deferred Tax Assets and Liabilities
Deferred tax assets and liabilities as of December 31, 2023 and 2022, consisted of the following:
December 31,
20232022
(in thousands)
Deferred tax assets:
Net operating loss carryforwards$68,374 $54,892 
Sec. 163(j) carryforward9,214 7,741 
Accruals and reserves1,841 1,613 
Deferred revenue194 271 
Capital loss carryforward4,004 3,919 
Section 174 - research expenditures7,914 6,238 
Other deferred tax assets6,604 6,385 
Total deferred tax assets98,145 81,059 
Valuation allowance(97,388)(80,137)
Total net deferred tax assets757 922 
Deferred tax liabilities
Basis difference in intangibles(332)(468)
Other deferred tax liabilities(425)(454)
Total deferred tax liabilities(757)(922)
Net deferred tax liabilities$— $— 
Summary of Operating Loss Carryforwards
Tax EffectedExpiration
(in thousands)
Federal net operating loss (“NOL”) carryforward$8,313 2033-2037
Federal NOL carryforward49,512 Indefinite
Federal capital loss carryforward4,004 2025
State NOL carryforwards10,548 2034-2043
Schedule of Unrecognized Tax Benefits Roll Forward
Below is a tabular reconciliation of the total amounts of unrecognized tax benefits:
20232022
(in thousands)
Unrecognized tax benefits - January 1$9,006 $8,443 
Gross decrease - tax positions in current period— — 
Gross increase - tax positions in current period— 563 
Unrecognized tax benefits - December 31$9,006 $9,006