12. Income Taxes

The Company did not have taxable income for the years ended December 31, 2020, and 2019.

A reconciliation of the statutory U.S. Federal income tax and the income tax provision included in the accompanying consolidated statements of operations is as follows (in thousands):


Year Ended December 31, 2020	Total
Statutory rate		21	%
Tax (benefit) expense at statutory rate	$	(764)
State income tax (benefit) expense		(148)
Permanent difference		184
Return to provision		1
Stock Compensation Tax Deficit - ASU 2016-09		7
2020 NOL Expiration		334
Net change in deferred tax asset valuation allowance		386
Total income tax provision (benefit)	$	—



Year Ended December 31, 2019	Total
Statutory rate		21	%
Tax (benefit) expense at statutory rate	$	(99)
State income tax (benefit) expense		321
Permanent difference		—
Return to provision		(40)
Stock Compensation Tax Deficit - ASU 2016-09		4
2019 NOL Expiration		557
Net change in deferred tax asset valuation allowance		(771)
Total income tax provision (benefit)	$	(28)

Management has evaluated the positions taken in connection with the tax provisions and tax compliance for the years included in these financial statements. The Company believes that all of the positions it has taken will prevail on a more likely than not basis. As such no disclosure of such positions was deemed necessary. Management continuously estimates its ability to recognize a deferred tax asset related to prior period net operating loss carry forwards based on its anticipation of the likely timing and adequacy of future net income.

At December 31, 2020, federal net operating loss carryforwards amounted to approximately $35.4 million, of which $30.1 million expires between 2021 and 2037 which can offset 100% of taxable income and $5.3 million that has an indefinite carryforward period which can offset 80% of taxable income per year. The total net deferred tax asset was zero at December 31, 2020 and $65,000 at December 31, 2019. The Company recorded an allowance on the remaining deferred tax asset at December 31, 2019 primarily due to expected future losses in the near term which would cause cumulative losses being incurred during the 3 year period. The Company recorded an allowance on the deferred tax asset at December 31, 2020 primarily due to expected future losses in the near term which would cause cumulative losses being incurred during the 3 year period. The total valuation allowance at December 31, 2020 was $11.1 million and $10.7 million at December 31, 2019. The net operating loss information above does not include the impact of the Merger Transaction with Riley.

Our open tax years include all returns filed for 2016 and later. In addition, any of the Company’s NOLs for tax reporting purposes are still subject to review and adjustment by both the Company and the IRS to the extent such NOLs should be carried forward into an open tax year.

Comprehensive tax reform legislation enacted in December 2017, commonly referred to as the Tax Cuts and Jobs Act (the “2017 Tax Act”), made significant changes to U.S. federal income tax laws. The 2017 Tax Act, among other things repealed the corporate AMT for tax years beginning on or after January 1, 2018 and provides for existing alternative minimum tax credit carryovers to be refunded beginning in 2018. The Company has approximately $130,000 in refundable credits, and it expects that a substantial portion will be refunded between 2019 and 2021. As 50% of the credit was refunded when we filed the 2019 tax return, this amount is recorded as a current accounts receivable on the Balance Sheet at December 31, 2019, with balance of this refund recorded as a non-current accounts receivable. In September 2020, the Company received a tax refund of approximately $130,000 associated with the tax related accounts receivable at December 31, 2019.

The Company’s deferred tax assets and liabilities are as follows: (in thousands)



	Year Ended December 31,
	2020		2019
Net deferred tax assets (liabilities):
Net operating loss carryforwards	$	9,596	$	9,119
Oil and gas properties		922		1,054
Property, Plant and Equipment		1		(5)
Asset retirement obligation		542		500
Tax credits		—		65
Miscellaneous		29		36
Valuation allowance		(11,090)		(10,704)

Net deferred tax asset	$	—	$	65