12.         Income Taxes

Upon adoption of ASU 2023-09, Improvements to Income Tax Disclosures, as described in Note 17, Recently Issued Accounting Policies, cash paid for income taxes, net of refunds, during the year ended December 31, 2025 was as follows (in thousands):

December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

 

Federal

$

(70)

$

State:

 

 

Texas

 

9

 

42

Foreign

Canada

Total cash (received) paid for income taxes, net of refunds

$

(61)

$

42

The Company’s components of (loss) income before income tax, were as follows (in thousands):

Year Ended December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

 

Domestic

$

(4,076)

$

(4,900)

Foreign

2,141

788

Loss before income tax

$

(1,935)

$

(4,112)

The Company’s components of income tax benefit (expense) were as follows (in thousands):

Year Ended December 31, 

 

  ​ ​ ​

2025

  ​ ​ ​

2024

 

Current federal benefit

$

$

Current state expense

 

(6)

 

(6)

Deferred federal (expense) benefit

 

(14)

 

5

Deferred state benefit (expense)

14

(6)

Income tax expense

$

(6)

$

(7)

The income tax provision differs from the amount computed by applying the statutory federal income tax rate to loss before income tax as follows (in thousands):

Year Ended December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

 

U.S Federal statutory tax rate

$

406

21%

$

864

21.0%

State Income Tax Expense, net of federal benefit including change in Valuation Allowance (a)

 

(93)

(5)%

 

(323)

(8.0)%

Change in Valuation Allowance (b)

(309)

(16)%

(443)

(11.0)%

True Up

49

3%

(11)

0.0%

Nontaxable or nondeductible items

 

 

Meals and Entertainment

(56)

(3)%

(88)

(2.0)%

Other

 

(3)

0%

 

(6)

0.0%

Income tax expense

$

(6)

0%

$

(7)

0%

(a)State tax in New Mexico and Texas made up the majority (greater than 50%) of the tax effect in this category.
(b)Valuation allowance is inclusive of Canadian operations, which is classified as a foreign disregarded entity for U.S. federal tax purposes.

The principal components of the Company’s net deferred tax assets (liabilities) (in thousands) were as follows:

  ​ ​ ​

December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

Deferred tax assets:

Federal tax net operating loss ("NOL") carryforward

$

16,636

$

16,596

Foreign tax NOL carryforward

 

5,892

 

6,342

State tax NOL carryforward

2,999

2,630

Intangible Assets - Breckenridge

938

935

Accrued severance

 

 

250

Other comprehensive income

505

583

Foreign deferred taxes

262

262

Property and equipment

 

333

 

Other

173

294

Gross deferred tax assets

27,738

27,892

Less valuation allowances

 

(27,703)

 

(27,527)

Net deferred tax assets

35

365

Deferred tax liabilities:

Right-of-use assets

 

(52)

 

Property and equipment

 

 

(381)

Net deferred tax liabilities

$

(17)

$

(16)

Domestic deferred tax liabilities

$

(17)

$

(16)

Foreign deferred tax liabilities

Net deferred tax liabilities

$

(17)

$

(16)

At December 31, 2025, the Company had a gross NOL for U.S. federal income tax purposes of approximately $174 million but expects approximately $94.8 million to expire unused with the remaining NOL beginning to expire in 2027. Losses incurred after the year ended December 31, 2017 have no expiration. The Company will carry forward the tax benefits related to federal net NOL of approximately $16.6 million. The Company also had state net NOLs that will affect state taxes of approximately $3.8 million at December 31, 2025. State NOLs began to expire in 2015 and continue to expire each year. The Company also had a Canadian gross NOL of $22.7 million that will begin to expire in 2037.

In evaluating the possible sources of taxable income during 2025 and 2024, the Company determined it is more likely than not that the remaining deferred tax assets will not be realizable. As a result, the Company recorded and maintained a full valuation allowance against foreign deferred tax assets and its federal and state deferred tax assets with

the exception of its trademark intangible. The change in valuation allowance amounted to $0.4 million and $1.1 million for the years ended December 31, 2025 and 2024, respectively, including amounts recorded as a component of other comprehensive income or loss.

At December 31, 2025 and 2024, the Company did not have any uncertain tax positions. The Company’s policy is to recognize interest and penalties related to an uncertain tax position in income tax expense. The Company did not have any material income tax interest or penalties for the years ended December 31, 2025 and 2024.

Historical Timeline

Fiscal YearFiled
2025Mar 31, 2026Showing above
2024Apr 2, 2025
2023Apr 1, 2024
2022Mar 13, 2023
2021Mar 18, 2022
2020Mar 16, 2021
2019Mar 6, 2020
2018Mar 6, 2019
2017Mar 9, 2018
2016Mar 13, 2017
2015Mar 16, 2016

About Income Taxes Disclosures

The income tax disclosure reveals how much a company actually pays in taxes versus what the statutory rate would predict. Analysts focus on the effective tax rate (ETR) reconciliation, which breaks down every item driving the gap between the 21% federal rate and the company's reported ETR — including R&D credits, foreign rate differentials, and state taxes. Deferred tax assets (DTAs) and their valuation allowances signal management's confidence in future profitability: a rising allowance suggests the company doubts it can use accumulated tax benefits. Uncertain tax benefit (UTB) reserves quantify exposure to IRS challenges on aggressive positions.

Key signals to watch: sudden ETR drops without clear operational reasons, large increases in valuation allowances, growing UTB balances, and significant unremitted foreign earnings. Post-TCJA, pay attention to GILTI and BEAT provisions that affect multinational tax structures. Compare the cash taxes paid (from the cash flow statement) against the income tax provision to gauge earnings quality.