(10) Income Taxes

The Company accounts for income taxes under the asset and liability method. Deferred tax assets and liabilities are recognized for the expected tax consequences of temporary differences between the tax bases of assets and liabilities and their reported amounts. Valuation allowances are established, when necessary, to reduce deferred tax assets to amounts that are more likely than not to be realized. As of June 30, 2025, and 2024, the Company had established a full valuation allowance against all of its net deferred tax assets.

For the fiscal years ended June 30, 2025, and 2024, the Company incurred losses from operations in the amount of $13.8 million and $11.7 million, respectively. The effective tax rate for the fiscal years 2025 and 2024 was 0.01% and 0.01%, respectively. There is materially no current state tax expense.

FASB ASC 740, Income Taxes addresses the accounting for uncertainty in income taxes recognized in an entity’s financial statements and prescribes a recognition threshold and measurement attribute for financial statement disclosure of tax positions taken or expected to be taken on a tax return. The Company had unrecognized tax benefit of $762 thousand as of June 30, 2025, all of which has been accounted for as contra deferred tax assets.

For the years ended June 30, 2025, and 2024, the Company’s effective tax rate differed from the federal statutory rate of 21%, primarily due to tax credits and the valuation allowance against its net deferred tax assets.

Income Tax Expense and Effective Tax Rate

The components of income tax benefit/ (expense) from operations are as follows:

The $2 thousand of current state tax expense in both the June 2025 and 2024 years relate to state minimum taxes. 

A reconciliation of the reported income tax benefit to the amount that would result by applying the U.S. Federal statutory rate to the loss before income taxes to the actual amount of income tax benefit recognized follows:

Deferred Tax Assets and Liabilities

The Company’s deferred tax assets as of June 30, 2025 and 2024 consist of the following:

The Company files consolidated returns for federal, California, Florida, Massachusetts, Oregon and Texas.

In assessing the need for a valuation allowance, management considers whether it is more likely than not that some portion or all of the net deferred tax assets will be utilized to offset future tax liabilities. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. As of June 30, 2025, the Company provided a full valuation allowance of approximately $26.5 million against its net deferred tax assets.  The valuation allowance increased by approximately $3 million for the year ended June 30, 2025.   

At June 30, 2025, the Company had net operating loss carryforwards of approximately $98.0 million with approximately $37.8 million ($7.9 million, tax effected) for federal income tax purposes that are available to offset future regular taxable income set to expire between the years of 2024 and 2037. The Company also had net operating loss carryforwards with indefinite lives of approximately $60.2 million ($12.6 million, tax effected) for federal income tax purposes that are available to offset future regular taxable income. For net operating losses with indefinite carryforward lives, generated beginning after December 31, 2017, the Tax Cuts and Jobs Act limits the amount of net operating losses to be utilized and deducted by the taxpayer to 80% of the taxpayer’s taxable income. Utilization of some of these net operating losses is limited due to the changes in stock ownership of the Company associated with the October 2007 Exchange Offer; as such, the benefit from these losses may not be realized.

The Company has federal research and development income tax credit carryovers of $1.7 million as of June 30, 2025. These credits will expire between the years 2035 and 2045.  The Company also has $47 thousand of California research and development income tax credit carryovers as of June 30, 2025, which credits never expire.

At June 30, 2025, the Company also has accumulated state net operating loss carryforwards of approximately $7.5 million ($0.4 million, tax effected) that are available to offset future state taxable income. These net operating loss carryforwards expire between the years 2026 and 2036. These losses may also be subject to utilization limitations; as such, the benefit from these losses may not be realized.

Loss carryovers are generally subject to modification by tax authorities until three years after they have been utilized.

The Company has a temporary credit for business loss carryovers that may be utilized to offset its Texas margin tax. At June 30, 2025, the credit amount is $0.5 million ($0.4 million, tax effected). These credits may be used to offset $13 thousand of state tax liability each year and will expire in 2027.

Uncertain Tax Positions

The Company had unrecognized tax benefits of $762 thousand as of June 30, 2025, all of which have been accounted for as contra deferred tax assets. A roll forward of the beginning and ending amount of unrecognized tax benefits from  July 1, 2023 to June 30, 2025 is as follows:

The Company recognizes interest and penalties related to income tax matters in income tax expense, as incurred. For the years ended June 30, 2025 and 2024, the Company did not recognize any interest expense for uncertain tax positions.  The Company is no longer subject to U.S. federal and state income tax examination by tax authorities for years before 2020.