Annual report pursuant to Section 13 and 15(d)

Income taxes

Income taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income taxes

Note 14.  Income taxes


The components of the loss from continuing operations before income taxes for the years ended December 31, 2019 and 2018 are as follows (in thousands):


    For the years ended December 31,
    2019   2018
Domestic   $ (20,446 )   $ (56,453 )
Foreign     —         (4,555 )
Loss from Continuing Operations before Income Taxes   $ (20,446 )   $ (61,008 )


The components of income tax benefit are as follows (in thousands):


    As of December 31,
    2019   2018
US Federal   $ —       $ —    
US State     —         —    
Foreign     —         —    
Total current benefit   $ —       $ —    
US Federal   $ 117     $ 495  
US State     26       112  
Foreign     —         92  
Total deferred benefit     143       699  
Total benefit for income taxes   $ 143     $ 699  


The tax effects of temporary differences and tax loss and credit carry forwards that give rise to significant portions of deferred tax assets and liabilities at December 31, 2019 and 2018 are comprised of the following (in thousands):


    As of December 31,
    2019   2018
Deferred income tax assets:                
Net operating loss carryforwards   $ 43,436     $ 30,745  
Research and development credit carryforwards     989       989  
Stock option expense     1,095       1,384  
Impairment of mining related assets and other     (146 )     8,779  
Total deferred tax assets     45,374       41,897  
Valuation allowance     (45,374 )     (41,897 )
Net deferred tax assets     —         —    
Deferred income tax liabilities:                
Indefinite life intangible assets     —         (143 )
Net deferred tax liabilities   $ —       $ (143 )


The Company has approximately $168.8 million of federal and state tax Net Operating Losses (“NOL”s) that may be available to offset future taxable income, if any. The federal net operating loss carryforwards of $100.3 million, if not utilized, will expire in 2037. The federal and state net operating loss carryforwards of $20.1 million and $19.1 million generated in 2019 and 2018, respectively are subject to an 80% limitation on taxable income, do not expire and will carry forward indefinitely.


Furthermore, as a result of changes in the ownership of our common stock and changes in our business operations, our ability to use our federal NOLs may be limited under Internal Revenue Code Section 382 and 383.  State NOLs are subject to similar limitations in many cases.  As a result, our substantial NOLs may not have any value to us.


The statute of limitations for assessment by the IRS and state tax authorities is open for tax years ending December 31, 2016 through 2019, although carryforward attributes that were generated prior to tax year 2016 may still be adjusted upon examination by the IRS or state tax authorities if they either have been or will be used in a future period. Currently, no federal or state income tax returns are under examination by the respective taxing authorities. The foreign tax returns for the years ended December 31, 2017 through 2019 are open for examination.


In assessing the realization of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the period in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income and taxing strategies in making this assessment. In case the deferred tax assets will not be realized in future periods, the Company has provided a valuation allowance for the full amount of the deferred tax assets at December 31, 2019 and 2018. The valuation allowance increased by approximately $3.5 million during the year ended December 31, 2019.


The expected tax expense (benefit) based on the U.S. federal statutory rate is reconciled with actual tax expense (benefit) as follows (in thousands):


    For the years ended December 31,
    2019   2018
Statutory federal income tax expense (benefit)   $ (4,293 )   $ (12,791 )
State taxes, net of federal tax expense (benefit)     (664 )     (2,887 )
Stock compensation     1,142       174  
Other     195       –   
Change in valuation allowance     3,477       14,805
Income taxes benefit   $ (143 )   $ (699 )


The Company has not identified any uncertain tax positions requiring a reserve as of December 31, 2019 and 2018. The Company’s policy is to recognize interest and penalties that would be assessed in relation to the settlement value of unrecognized tax benefits as a component of income tax expense. The Company did not accrue either interest or penalties for the years ended December 31, 2019 and 2018.


The Company is subject to U.S. federal income tax and primarily Oklahoma and Colorado state income tax. The Company has not been under tax examination in any jurisdiction for the years ended December 31, 2019 and 2018.