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Income Taxes
12 Months Ended
Dec. 31, 2022
Income Taxes  
Income Taxes

10.   Income Taxes

The Company accounts for income taxes in accordance with ASC Topic 740. Deferred tax assets and liabilities are determined based on differences between the financial reporting and tax bases of assets and liabilities and are measured using the enacted tax rates and laws that will be in effect when the differences are expected to reverse. A valuation allowance is established when necessary to reduce deferred tax assets to the amount expected to be realized. In determining the need for a valuation allowance, management reviews both positive and negative evidence pursuant to the requirements of ASC Topic 740, including current and historical results of operations, future income projections, and the overall prospects of the Company’s business.

The income tax provision (benefit) for federal and state and local income taxes in the consolidated statements of operations consists of the following:

Years Ended December 31, 

($ in thousands)

    

2022

    

2021

Current:

 

  

 

  

Federal

$

300

$

State and local

 

234

 

86

Total current

 

534

 

86

Deferred:

 

  

 

  

Federal

 

(509)

 

(2,376)

State and local

 

(456)

 

(816)

Total deferred

 

(965)

 

(3,192)

Total benefit

$

(431)

$

(3,106)

The reconciliation of income tax benefit computed at the federal and state and local statutory rates to the Company’s loss before taxes is as follows:

Years Ended December 31, 

    

2022

    

2021

 

U.S. statutory federal rate

 

21.00

%  

21.00

%

State and local rate, net of federal tax benefit

 

6.10

 

4.64

Stock compensation

 

(6.14)

 

(5.56)

Excess compensation deduction

 

(5.32)

 

(0.68)

Federal true-ups

 

(5.09)

 

(0.10)

Life insurance

 

(0.52)

 

(0.10)

Change in tax rate

0.06

Other permanent differences

 

 

(0.01)

Income tax benefit

 

10.03

%  

19.25

%

The significant components of net deferred tax assets (liabilities) of the Company consist of the following:

December 31, 

($ in thousands)

    

2022

    

2021

Deferred tax assets

 

  

 

  

Stock-based compensation

$

712

$

1,274

Federal, state and local net operating loss carryforwards

 

3,175

 

6,684

Accrued compensation and other accrued expenses

 

748

 

728

Allowance for doubtful accounts

 

 

309

Basis difference arising from discounted note payable

 

11

 

11

Foreign tax credit

 

 

219

Charitable contribution carryover

 

 

77

Property and equipment

 

497

 

488

Interest expense

 

 

602

Total deferred tax assets

5,143

10,392

Deferred tax liabilities

Basis difference arising from intangible assets of acquisition

 

(4,036)

 

(10,251)

Total deferred tax liabilities

 

(4,036)

 

(10,251)

Net deferred tax assets

$

1,107

$

141

As of December 31, 2022 and 2021, the Company had approximately $10.9 million and $20.8 million, respectively, of federal net operating loss carryforwards ("NOLs") available to offset future taxable income. The NOL as of December 31, 2017 of $0.3 million has an expiration period through 2037. The NOL generated during tax years beginning after December 31, 2017 of $10.9 million has an indefinite life and does not expire.

As of December 31, 2022 and 2021, management does not believe the Company has any material uncertain tax positions that would require it to measure and reflect the potential lack of sustainability of a position on audit in its consolidated financial statements. The Company will continue to evaluate its uncertain tax positions in future periods to determine if measurement and recognition in its consolidated financial statements is necessary. The Company does not believe there will be any material changes in its unrecognized tax positions over the next year.