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Income Taxes
 12 Months Ended
May 31, 2024
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
Income tax expense for the fiscal years ended May 31, 2024 and 2023 consisted of the following (in thousands):
May 31, 2024May 31, 2023
Current expense (benefit)
   Federal $— $— 
   Foreign — — 
   State 96 18 
               Total current expense96 18 
Deferred expense (benefit)
   Federal — (540)
   Foreign — — 
   State — — 
               Total deferred (benefit) expense— (540)
                        Total income tax (benefit) expense$96 $(523)
The following table reconciles the statutory rate to our effective tax rate for the fiscal years ended May 31, 2024 and 2023:
May 31, 2024May 31, 2023
Expected income tax rate at the U.S. statutory rate21.0 %21.0 %
Stock-based compensation2.0 %(6.0)%
State income taxes, net of federal tax benefit(0.1)%— %
Convertible debt instruments(2.1)%— %
Change in valuation allowance (19.8)%(13.0)%
Other, net(1.1)%(0.8)%
Effective income tax rate(0.1)%1.2 %
Deferred income taxes reflect the temporary differences between the amounts at which assets and liabilities are recorded for financial reporting purposes and the amounts utilized for tax purposes. The primary components of the temporary differences that gave rise to the Company's deferred tax assets and liabilities for the fiscal years ended May 31, 2024 and 2023 are as follows (in thousands):
May 31, 2024May 31, 2023
Deferred tax assets:
Net operating loss$42,810 $15,137 
Stock-based compensation2,758 3,068 
Capitalized research and development4,039 897 
Interest expense4,854 — 
Convertible debt instruments3,101 — 
Lease liability29,508 1,875 
Other662 360 
Deferred tax assets, gross87,732 21,337 
Less: valuation allowance(47,005)(15,697)
Total deferred tax assets, net40,727 5,640 
Deferred tax liabilities:
Property and equipment(6,202)(3,712)
Right of use assets(34,525)(1,929)
Other— — 
Total deferred tax liability, net(40,727)(5,640)
Net deferred tax asset$— $— 
The Company had $284.8 million and $114.8 million of federal and state tax net operating losses as of May 31, 2024 and 2023, respectively. At May 31, 2024, $244.8 million is available indefinitely to offset future income. The remaining carryforward amounts expire at varying dates beginning in 2028.
A valuation allowance is provided when it is more likely than not that some portion or the entire net deferred tax asset will not be realized. The Company has recorded an increase in the valuation allowance of $31.3 million and $6.4 million as of May 31, 2024 and 2023, respectively. The Company has provided a valuation allowance for the portion of the deferred tax assets that it has determined are not more likely than not to be recognized.
The valuation allowance is primarily attributable to deferred tax assets for net operating losses that management believes are more likely than not to expire prior to being realized. The ultimate realization of the deferred tax assets is dependent upon the generation of future taxable income of the appropriate character (i.e., capital or ordinary) during the period in which the temporary differences become deductible. Management considers, among other things, the scheduled reversals of deferred tax liabilities and the history of positive taxable income in evaluating the realizability of the deferred tax assets. Management believes that it is not likely that the results of future operations will generate sufficient taxable income to realize its deferred tax assets. Under the provisions of the Internal Revenue Code, certain substantial changes in the
Company’s ownership, including a sale of the Company or significant changes in ownership due to sales of equity, may have limited, or may limit in the future, the amount of net operating loss carryforwards that could be used annually to offset future taxable income.
The Company is subject to U.S. federal and various state and local income tax. Tax years ending May 31, 2021 through May 31, 2024 are open to examination by the major taxing jurisdictions to which the Company is subject, as carryforward attributes generated in these years may still be adjusted upon examination by the Internal Revenue Service ("IRS") or other authorities if they have or will be used in a future period. The Company is not currently under examination by the IRS or any other taxing jurisdictions for any tax years.