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Income Taxes
 12 Months Ended
Mar. 31, 2023
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
For the year ended March 31, 2023, the Company had federal and state NOL carryforwards of approximately $327.8 million and $216.7 million respectively. Of these federal and state NOLs, approximately $90.3 million and $153.0 million, respectively, are expiring in various amounts from 2023 through 2037. The remaining federal and state NOLs of approximately $237.5 million and $63.7 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, 2022, the Company incurred federal and state operating losses of approximately $330.7 million and $191.8 million, respectively, to offset future taxable income, of which $240.4 million federal NOL and $37.3 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 $80.5 million and $75.8 million relating principally to the NOLs as of March 31, 2023 and 2022, 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, 2023 and 2022, with the exception of the net deferred tax liability of approximately $5.4 million and $4.2 million, respectively, regarding indefinite-lived intangibles.
For Fiscal 2023, analysis of the state NOL carryforwards revealed that most of them are not indefinite. The Company recorded $0.8 million of state deferred tax expense during the year March 31, 2023 and increased the state deferred tax liability by the same amount from the inability to use the state NOL carryforwards against the indefinite-lived intangible. For Fiscal 2022, the Company recorded $0.6 million of state deferred tax benefit during the year March 31, 2022 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, 2023 and 2022 (in thousands):
20232022
Deferred tax asset
Property and equipment$724 $700 
Accrued expenses209 998 
Deferred revenue6,131 502 
Asset retirement obligations13 12 
Net operating loss carryforward81,908 81,818 
Operating lease liabilities1,312 1,434 
Charitable contributions carryforward64 60 
Stock compensation expense6,744 4,408 
Total deferred tax asset97,105 89,932 
Deferred tax liability
Right of use assets(821)(1,006)
Indefinite-lived intangible assets(15,740)(13,120)
Total deferred tax liability(16,561)(14,126)
Total deferred tax assets and liabilities80,544 75,806 
Valuation allowance(85,984)(79,998)
Net deferred tax assets and liabilities$(5,440)$(4,192)
The components of the income tax expense for the years ended March 31, 2023, 2022 and 2021 are as follows (in thousands):
202320222021
Current:  
Federal$— $— $— 
State44 5 2 
Total current*44 5 2 
Deferred:
Federal442 370 251 
State776 608 (127)
Total deferred1,218 978 124 
Total income tax expense$1,262 $983 $126 
* Fiscal 2021 current state tax expense was recorded as general and administrative expense.
The differences between the United States federal statutory tax rate and the Company’s effective tax rate for the years ended March 31, 2023, 2022 and 2021 are as follows (in thousands):
202320222021
Statutory federal tax$(3,162)21 %$(7,672)21 %$(11,405)21 %
State income taxes, net of federal benefit814 -23 %612 -2 %(125)1 %
Incentive stock option expense(27)0 %(564)2 %(720)1 %
Other permanent differences(62)0 %(4,017)11 %(251)0 %
162M executive compensation limit316 -2 %1,673 -5 %729 -1 %
Restricted stock shortfall/windfall— 0 %(617)2 %(136)0 %
Change in valuation allowance - Federal3,314 -22 %11,408 -31 %14,570 -27 %
Prior-year adjustments69 0 %160 -1 %(2,536)5 %
$1,262 -26 %$983 -3 %$126 0 %