Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v3.22.1
INCOME TAXES
12 Months Ended
Dec. 31, 2021
Income Tax Disclosure [Abstract]  
INCOME TAXES

8. INCOME TAXES

Income Tax (Expense) Benefit

A reconciliation of the U.S. federal statutory tax rate to our income tax (expense) benefit from continuing operations for 2021 and 2020, is as follows (in thousands):

 

 

Years Ended December 31,

 

 

 

2021

 

 

2020

 

U.S. statutory rate

 

 

21.0

%

 

 

21.0

%

Increase (decrease) resulting from:

 

 

 

 

 

 

 

 

Permanent differences

 

 

(3.1

)%

 

 

(0.1

)%

State income taxes

 

 

0.5

%

 

 

0.4

%

Other

 

 

(0.1

)%

 

 

(0.2

)%

Discrete items

 

 

 

 

 

 

 

 

Vesting of common stock

 

 

(1.4

)%

 

 

(1.4

)%

Change in valuation allowance

 

 

(44.3

)%

 

 

(36.2

)%

PPP Loan forgiveness

 

 

39.5

%

 

 

 

Return to provision and other

 

 

(11.6

)%

 

 

16.9

%

Income tax (expense) benefit

 

 

0.5

%

 

 

0.4

%

Significant components of our income tax (expense) benefit from continuing operations for 2021 and 2020, were as follows (in thousands):

 

 

 

Years Ended December 31,

 

 

 

2021

 

 

2020

 

Current

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

State

 

 

 

 

 

(20

)

Total current

 

 

 

 

 

(20

)

Deferred

 

 

 

 

 

 

 

 

Federal

 

 

2,185

 

 

 

2,722

 

State

 

 

(20

)

 

 

2,455

 

Valuation allowance

 

 

(2,141

)

 

 

(5,105

)

Total deferred

 

 

24

 

 

 

72

 

Income tax (expense) benefit

 

$

24

 

 

$

52

 

 

Deferred Taxes

Significant components of our deferred tax assets and liabilities at December 31, 2021 and 2020, were as follows (in thousands):

 

 

 

December 31,

 

 

 

2021

 

 

2020

 

Deferred tax assets

 

 

 

 

 

 

 

 

Leases

 

$

233

 

 

$

319

 

Employee benefits

 

 

1,208

 

 

 

1,471

 

Accrued losses on uncompleted contracts

 

 

2,572

 

 

 

3,015

 

Stock based compensation expense

 

 

247

 

 

 

225

 

Federal net operating losses

 

 

21,724

 

 

 

19,345

 

State net operating losses

 

 

3,299

 

 

 

3,620

 

R&D and other tax credits

 

 

938

 

 

 

806

 

Other

 

 

545

 

 

 

398

 

Total deferred tax assets

 

 

30,766

 

 

 

29,199

 

Deferred tax liabilities

 

 

 

 

 

 

 

 

Property, plant and equipment and AHFS

 

 

(1,285

)

 

 

(2,632

)

Prepaid insurance

 

 

(231

)

 

 

(511

)

Total deferred tax liabilities

 

 

(1,516

)

 

 

(3,143

)

Net deferred tax assets

 

 

29,250

 

 

 

26,056

 

Valuation allowance

 

 

(29,331

)

 

 

(26,168

)

Net deferred taxes (1)

 

$

(81

)

 

$

(112

)

 

 

(1)

Amounts are included in other noncurrent liabilities on our Balance Sheet.

 

At December 31, 2021 and 2020, we had total DTAs of $30.8 million and $29.2 million, respectively (including U.S. federal net operating losses (“NOL(s)”) DTAs of $21.7 million and $19.3 million, respectively). On a periodic and ongoing basis, we evaluate our DTAs (including our NOL DTAs) and assess the appropriateness of our valuation allowance(s) (“VA(s)”). In assessing the need for a VA, we consider both positive and negative evidence related to the likelihood of realizing our DTAs. If, based upon the available evidence, our assessment indicates that it is more likely than not that some or all of the DTAs will not be realized, we record a VA. Our assessments include, among other things, the amount of taxable temporary differences that will result in future taxable income, the value and quality of our backlog, evaluations of existing and anticipated market conditions, analysis of recent and historical operating results (including cumulative losses over multiple periods) and projections of future results and strategic plans, as well as asset expiration dates. As a result of our assessment and due to cumulative losses for the three years ended December 31, 2021, we believe the negative evidence outweighs the positive evidence with respect to our ability to realize our U.S. federal NOL DTAs, and accordingly, at December 31, 2021 and 2020, we had VAs of $29.3 million and $26.2 million, respectively, offsetting our total DTAs.

At December 31, 2021, we had gross U.S. federal NOL carryforwards (excluding VAs) of $103.4 million, of which $42.3 million will expire in 2037 with the remaining U.S. federal NOL carryforwards eligible to be carried forward indefinitely, subject to an 80% limitation on taxable income in each year. We had gross state NOL carryforwards (excluding VAs) of $45.1 million, which will expire from 2035 through 2041.

Uncertain Tax Positions

Reserves for uncertain tax positions are recognized when we consider it more likely than not that additional tax will be due in excess of amounts reflected in our income tax returns, irrespective of whether or not we have received tax assessments. Interest and penalties on uncertain tax positions are recorded within income tax expense. At December 31, 2021 and 2020, we had no material reserves for uncertain tax positions. Tax returns subject to examination by the U.S. Internal Revenue Service are open for years after 2015.