Annual report pursuant to Section 13 and 15(d)

Income Tax

Income Tax
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Tax

Note 10 – Income Tax


The Company did not record any income tax provision for the years ended December 31, 2022 and 2021, respectively, due to the Company’s net losses. The Company files income tax returns in the United States (“Federal”) and California, Minnesota and Massachusetts (“State”) jurisdictions. The Company is subject to Federal and State income tax examinations by tax authorities for all years since its inception. At December 31, 2022, the Company had Federal and State net operating loss carry forwards available to offset future taxable income of approximately $238 million. These carry forwards will begin to expire in the year ending December 31, 2030, subject to IRS limitations, including change in ownership. The Company periodically evaluates the likelihood of the realization of deferred tax assets, and adjusts the carrying amount of the deferred tax assets by a valuation allowance to the extent the future realization of the deferred tax assets is not judged to be more likely than not. The Company considers many factors when assessing the likelihood of future realization of our deferred tax assets, including recent cumulative earnings experience by taxing jurisdiction, expectations of future taxable income or loss, the carry-forward periods available to us for tax reporting purposes, and other relevant factors.


Based on the weight of available evidence, including cumulative losses in recent years and expectations of future taxable income, the Company has determined that it was more likely than not that its deferred tax assets would not be realized at December 31, 2022 and 2021, respectively. Accordingly, the Company has recorded a valuation allowance for 100% of its cumulative deferred tax assets.


Deferred taxes reflect the 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, and operating losses and tax credit carryforwards. The significant components of net deferred income tax assets are (in thousands):


    December 31,  
    2022     2021  
Deferred tax assets:                
Federal net operating loss carryforward   $ 66,741     $ 58,171  
Stock based compensation and other items     4,674       7,622  
Intellectual property     41,572       62,055  
Deferred tax assets before valuation     112,987       127,848  
Valuation allowance     (112,987 )     (127,848 )
Net deferred income tax assets   $ -     $ -  


A reconciliation of the federal statutory income tax rate and the effective income tax rate as a percentage of income before income tax provision is as follows for the year ended:


    December 31,  
    2022     2021  
Federal statutory income tax rate     21 %     21 %
State tax, net of federal benefit     8 %     9 %
Change in valuation allowance on net operating loss carryforwards     (29 )%     (30 )%
Effective income tax rate     0 %     0 %