Quarterly report pursuant to Section 13 or 15(d)


3 Months Ended
Mar. 31, 2024
Income Tax Disclosure [Abstract]  



Deferred taxes are determined by applying the provisions of enacted tax laws and rates for the jurisdictions in which the Company operates to the estimated future tax effects of the differences between the tax basis of assets and liabilities and their reported amounts in the Company's financial statements. A valuation allowance is established to reduce deferred tax assets if it is more likely than not that the related tax benefits will not be realized.


Due to losses since inception and for all periods presented, no income tax benefit or expense has been recognized as a full valuation allowance has been established for any tax benefit that would have been recognized for the loss in any period presented.


The components of income tax expense (benefit) for the three months ended March 31, 2024 and 2023 are as follows: 

    2024     2023  
Expected federal income tax benefit at statutory rate   $ 5,470,089     $ 1,532,888  
Non-deductible expenses     33,156       (119,814 )
Research and development credit           148,811  
Prior year true up     (532,317 )      
Change in valuation allowance     (4,970,928 )     (1,561,886 )
Income tax benefit   $     $  



Significant components of the Company's deferred tax assets and liabilities at March 31, 2024 and December 31, 2023 are as follows:


March 31,



December 31,


Deferred tax assets                
Net operating losses   $ 15,508,801     $ 15,468,757  
Debt basis difference           5,121,397  
Depreciation and amortization     1,561,453       1,701,768  
Research & development credit     1,099,535       1,099,535  
Lease liability     226,567       246,704  
Stock-based compensation     3,235,732       3,235,732  
Inventory     122,199       152,749  
Accrued expenses     88,293       66,909  
Capital loss carryover     176,950       176,950  
Dealer rebates     347,760       459,713  
Other     26,108       21,828  
Total     22,393,398       27,752,042  
Valuation allowance     (21,899,150 )     (27,171,016 )
Net deferred tax asset     494,248       581,026  
Deferred tax liabilities                
Prepaid expenses     (275,927 )     (342,421 )
Right-of-use assets     (218,321 )     (238,605 )
Total net deferred taxes Deferred tax liabilities   $     $  


Management currently believes that since the Company has a history of losses it is more likely than not that the deferred tax regarding the loss carry forwards and other temporary differences will not be realized in the foreseeable future. The utilization of the Company’s net operating losses and credit carryovers may be subject to limitation due to the “change in ownership provisions” under Section 382 of the Internal Revenue Code. The Company’s cumulative net operating loss carry forward of $98.3 million as of March 31, 2024, may be limited in future years depending on future taxable income in any given fiscal year. The net operating losses can be carried forward indefinitely.


The Company has recorded no liability for income taxes associated with unrecognized tax benefits at the date of adoption and has not recorded any liability associated with unrecognized tax benefits. Accordingly, the Company has not recorded any interest or penalty in regard to any unrecognized benefit.