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INCOME TAXES
12 Months Ended
Dec. 31, 2019
INCOME TAXES  
INCOME TAXES

(7)   INCOME TAXES

The pre-tax income from continuing operations on which the provision for income taxes was computed is as follows (in thousands):

 

 

 

 

 

 

 

 

 

    

2019

    

2018

United States

 

$

11,964

 

$

10,237

Foreign

 

 

(23)

 

 

(21)

Total

 

 

11,941

 

 

10,216

 

Income tax expense consists of the following for the years ended December 31, 2019 and 2018 (in thousands):

 

 

 

 

 

 

 

 

 

    

2019

    

2018

Current tax expense:

 

 

  

 

 

  

Federal

 

$

1,865

 

$

1,080

State

 

 

372

 

 

309

Total tax expense:

 

 

2,237

 

 

1,389

Deferred tax expense/(benefit):

 

 

  

 

 

  

Federal

 

 

120

 

 

(462)

State

 

 

92

 

 

(263)

Total deferred tax expense/(benefit):

 

$

212

 

$

(725)

Total

 

$

2,449

 

$

664

 

A reconciliation of income tax computed at the U.S. statutory rate of 21% to the effective income tax rate is as follows:

 

 

 

 

 

 

 

 

    

2019

    

2018

 

Statutory rate

 

21

%  

21

%

State taxes

 

 3

 

 4

 

Permanent differences and other

 

 —

 

 1

 

Change in valuation allowance

 

(1)

 

(16)

 

Stock based compensation

 

(4)

 

(3)

 

Other (true – up)

 

 1

 

 —

 

Effective rate

 

20

%  

 7

%

 

The tax effects of temporary differences that give rise to deferred tax assets (liabilities) at December 31, 2019 and 2018 are as follows (in thousands):

 

 

 

 

 

 

 

 

 

    

2019

    

2018

Deferred tax assets:

 

 

  

 

 

  

Accrued expenses

 

$

34

 

$

37

Lease liability

 

 

1,109

 

 

217

Accounts receivable

 

 

19

 

 

18

Inventory

 

 

232

 

 

117

Stock-based compensation

 

 

145

 

 

138

Tax Credits and NOL Carryforward

 

 

110

 

 

354

Other

 

 

 1

 

 

150

Property and equipment

 

 

 —

 

 

 —

Amortization

 

 

50

 

 

57

 

 

 

1,700

 

 

1,088

Less: Valuation allowance

 

 

 —

 

 

(172)

Deferred tax assets

 

$

1,700

 

$

916

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

   

 

 

  

Property and equipment

 

$

(192)

 

$

(176)

Finance lease

 

 

(45)

 

 

 —

Right-of-use asset

 

 

(946)

 

 

 —

Prepaid expenses

 

 

(4)

 

 

(15)

Deferred tax liabilities

 

$

(1,187)

 

$

(191)

 

 

 

 

 

 

 

Net deferred tax assets

 

$

513

 

$

725

 

For federal tax purposes, the Company completely utilized its remaining $2.7 million in NOL carryforwards as of December 31, 2018. As of December 31, 2019, the Company has NOL carryforwards in various states, which expire at various dates ranging from five to seven years.

As of December 31, 2019 the Company had no recorded valuation allowance. As of December 31, 2018 the Company had a valuation allowance of $0.2 million. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers past history, the scheduled reversal of deferred tax liabilities, available taxes in carryback periods, projected future taxable income projections and tax planning strategies in making this assessment.  During 2019, Management determined that no valuation is necessary and released the remaining valuation allowance.

The accounting standard related to income taxes applies to all tax positions and defines the confidence level that a tax position must meet in order to be recognized in the financial statements. The accounting standard requires that the tax effects of a position be recognized only if it is "more-likely-than-not" to be sustained by the taxing authority as of the reporting date. If a tax position is not considered "more-likely-than-not" to be sustained, then no benefits of the position are to be recognized. Differences between financial and tax reporting which do not meet this threshold are required to be recorded as unrecognized tax benefits. This standard also provides guidance on the presentation of tax matters and the recognition of potential IRS interest and penalties. As of December 31, 2019 and 2018, the Company does not have an unrecognized tax liability.

The Company does not classify penalty and interest expense related to income tax liabilities as an income tax expense. Penalties and interest are included within general and administrative expenses on the consolidated statements of operations.

The Company files income tax returns in the U.S. and various state jurisdictions, and there are open statutes of limitations for taxing authorities to audit our tax returns from 2014 through the current period.