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Income Taxes
 12 Months Ended
Mar. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
For the year ended March 31, 2022, the Company had federal and state NOL carryforwards of approximately $330.7 million and $191.8 million respectively. Of these federal and state NOLs, approximately $90.3 million and $154.5 million, respectively, are expiring in various amounts from 2023 through 2038. The remaining federal and state NOLs of approximately $240.4 million and $37.3 million, respectively, have an indefinite life but the federal NOLs may only offset 80% of taxable income when used. For the year ended March 31, 2021, the Company incurred federal and state operating losses of approximately $55.3 million and $47.1 million, respectively, to offset future taxable income, of which the entire $55.3 million federal NOL and $24.5 million of state NOLs can be carried forward indefinitely but can only offset 80% of taxable income when used.
The Company has net deferred tax assets, before applying the valuation allowance, of approximately $75.8 million and $62.1 million relating principally to the NOLs as of March 31, 2022 and 2021, respectively. Federal NOL carryforwards may be subject to limitations as a result of the change in ownership that occurred in the year ended March 31, 2015, as defined under Internal Revenue Code Section 382. State NOL carryforwards are subject to limitations which differ from federal law in that they may not allow the carryback of net operating losses and have shorter carryforward periods.
Accounting Standards Codification Topic 740, Income Taxes, requires that a valuation allowance be recorded to reduce deferred tax assets when it is more likely than not that the tax benefit of the deferred tax assets will not be realized. The evaluation includes the consideration of all available evidence, both positive and negative, regarding historical operating results including recent years with reported losses, the estimated timing of future reversals of existing taxable temporary differences, estimated future taxable income exclusive of reversing temporary differences and carryforwards, and potential tax planning strategies which may be employed to prevent an operating loss or tax credit carryforward from expiring unused. In situations where a three-year cumulative loss condition exists, accounting standards limit the ability to consider projections of future results as positive evidence to assess the realizability of deferred tax assets. Since inception, the Company has incurred consecutive tax losses which represents significant negative evidence toward the realizability of its deferred tax assets. Therefore, the Company continues to apply a full valuation allowance against its deferred tax assets as of March 31, 2022 and 2021, with the exception of the net deferred tax liability of approximately $4.2 million and $3.2 million, respectively, regarding indefinite-lived intangibles.
For Fiscal 2022 and 2021, analysis of the state NOL carryforwards revealed that most of them are not indefinite. The Company recorded $0.6 million and $0.1 million, respectively, of state deferred tax benefit during the year March 31, 2022 and 2021 and decreased the state deferred tax liability by the same amount from the inability to use the state NOL carryforwards against the indefinite-lived intangible. This valuation allowance has no effect on the Company’s ability to utilize the deferred tax assets to offset future taxable income, if generated. As required by U.S. GAAP, the Company will continue to assess the
likelihood that the deferred tax assets will be realizable in the future and the valuation allowance will be adjusted accordingly. The tax benefits relating to any reversal of the valuation allowance on the net deferred tax assets in a future period will be recognized as a reduction of future income tax expense in that period.
Net deferred tax assets and liabilities consist of the following as of March 31, 2022 and 2021 (in thousands):
20222021
Deferred tax asset
Property and equipment$700 $618 
Accrued expenses998 1,052 
Deferred revenue502 680 
Asset retirement obligations12 11 
Net operating loss carryforward81,818 65,550 
Operating lease liabilities1,434 1,825 
Charitable contributions carryforward60 62 
Stock compensation expense4,408 5,207 
Total deferred tax asset89,932 75,005 
Deferred tax liability
Right of use assets(1,006)(1,316)
Indefinite-lived intangible assets(13,120)(11,594)
Total deferred tax liability(14,126)(12,910)
Total deferred tax assets and liabilities75,806 62,095 
Valuation allowance(79,998)(65,304)
Net deferred tax assets and liabilities$(4,192)$(3,209)
The components of the income tax expense for the years ended March 31, 2022, 2021 and 2020 are as follows (in thousands):
202220212020
Current:  
Federal$— $— $— 
State5 2 3 
Total current*5 2 3 
Deferred:
Federal370 251 1,637 
State608 (127)762 
Total deferred978 124 2,399 
Total income tax expense$983 $126 $2,402 
* Fiscal 2021 current state tax expense was recorded as general and administrative expense.
The differences between the United States federal statutory tax rate and the Company’s effective tax rate for the years ended March 31, 2022, 2021 and 2020 are as follows (in thousands):
202220212020
Statutory federal tax$(7,672)21 %$(11,405)21 %$(7,400)21 %
State income taxes, net of federal benefit612 -2 %(125)1 %766 -2 %
Incentive stock option expense(564)2 %(720)1 %(41)0 %
Other permanent differences(4,017)11 %(251)0 %(91)0 %
162M executive compensation limit1,673 -5 %729 -1 %— 0 %
Restricted stock shortfall/windfall(617)2 %(136)0 %(437)1 %
Change in valuation allowance - Federal11,408 -31 %14,570 -27 %9,440 -27 %
Prior-year adjustments160 -1 %(2,536)5 %165 0 %
$983 -3 %$126 0 %$2,402 -7 %