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INCOME TAXES
12 Months Ended
Dec. 31, 2022
INCOME TAXES  
INCOME TAXES

(10)   INCOME TAXES

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

    

2022

    

2021

United States

$

22,220

$

22,295

Foreign

 

(22)

 

(24)

Total

 

22,198

 

22,271

Income tax expense consists of the following for the years ended December 31, 2022 and 2021 (in thousands):

    

2022

    

2021

Current tax expense:

 

  

 

  

Federal

$

4,891

$

4,289

State

 

1,110

 

1,025

Total tax expense:

 

6,001

 

5,314

Deferred tax expense/(benefit)

 

  

 

  

Federal

 

(730)

 

(135)

State

 

(121)

 

(11)

Total deferred tax expense/(benefit)

$

(851)

$

(146)

Total

$

5,150

$

5,168

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

    

2022

    

2021

 

Statutory rate

 

21

%  

21

%

State taxes

 

3

%  

4

%  

Stock based compensation

 

0

%  

(1)

%  

Research and development credit

 

(1)

%  

0

%  

Effective rate

 

23

%  

24

%

The tax effects of temporary differences that give rise to deferred tax assets (liabilities) at December 31, 2022 and 2021 are as follows (in thousands):

    

2022

    

2021

Deferred tax assets:

 

  

 

  

Accrued expenses

$

31

$

26

Lease liability

 

3,955

 

4,620

Accounts receivable

 

18

 

18

Inventory

 

198

 

484

Stock based compensation

 

253

 

271

Right of use asset

 

 

8

Amortization

 

 

90

Section 174 costs

 

991

 

 

5,446

 

5,517

 

 

Deferred tax assets

$

5,446

$

5,517

Deferred tax liabilities:

 

 

Property and equipment

(519)

(599)

Finance lease

(67)

(96)

Prepaid expenses

(116)

(77)

Right-of-use asset

 

(3,170)

 

(4,034)

Amortization

(12)

Deferred tax liabilities

$

(3,884)

$

(4,806)

Net deferred tax assets

$

1,562

$

711

As of December 31, 2022, the Company has no net operating loss. The Company had no recorded valuation allowances at December 31, 2022 and 2021.

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 interest and penalties. As of December 31, 2022 and 2021, 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 income.

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 2017 through the current period.