| Income taxes |
Income taxes All of the Company’s income or loss before income tax is derived from its domestic operating subsidiaries. The following table presents the components of the provision for income taxes from continuing operations: | | | | | | | | | | | | | | | | | | | May 26, 2025 through | | Year ended | | Year ended | | December 31, 2025 | | May 25, 2025 | | May 26, 2024 | | Current: | | | | | | | Federal | $ | (26) | | | $ | 14 | | | $ | (10) | | | State | 208 | | | 148 | | | 37 | | | Total | 182 | | | 162 | | | 27 | | | Deferred: | | | | | | | Federal | 160 | | | (124) | | | 173 | | | State | (5) | | | 5 | | | (17) | | | Total | 155 | | | (119) | | | 156 | | Income tax provision | $ | 337 | | | $ | 43 | | | $ | 183 | |
Income tax expense differs from the amount calculated using the 21% statutory U.S. federal income tax rate as follows: | | | | | | | | | | | | | | | | May 26, 2025 through | | | | December 31, 2025 | | | | Amount | | % | | | | Tax at U.S. statutory rate | $ | (3,701) | | | 21.0 | % | | | | | State and local income taxes, net of federal income tax effect | 160 | | | (0.9) | % | | | | | | | | | | | | Research & development tax credits | (188) | | | 1.1 | % | | | | Changes in federal valuation allowances | 2,723 | | | (15.5) | % | | | | | Nontaxable or nondeductible items | 210 | | | (1.2) | % | | | | | Changes in unrecognized tax benefits | 34 | | | (0.2) | % | | | | Deferred tax write-offs | 664 | | | (3.8) | % | | | | Return to provision | 59 | | | (0.3) | % | | | | Capital loss expiration | 376 | | | (2.1) | % | | | | | | | | | | | Income tax expense | $ | 337 | | | (1.9) | % | | | |
| | | | | | | | | | | | | Year ended | | May 25, 2025 | | May 26, 2024 | Tax at U.S. statutory rate | $ | (8,122) | | | $ | 1,998 | | | State income taxes, net of federal benefit | (197) | | | 52 | | Compensation-related activity | 799 | | | 418 | | Return to provision adjustments | 213 | | | 3,136 | | Deferred tax write-offs | (748) | | | 711 | | | Tax credit carryforwards | (539) | | | (518) | | | Other | 96 | | | 158 | | | Change in valuation allowance | 8,541 | | | (5,772) | | Income tax expense | $ | 43 | | | $ | 183 | |
The following table presents the components of deferred tax assets and liabilities reported in the balance sheets: | | | | | | | | | | | | | | | | | | | May 26, 2025 through | | Year ended | | Year ended | | December 31, 2025 | | May 25, 2025 | | May 26, 2024 | | Deferred tax assets: | | | | | | | Net operating loss carryforwards | $ | 42,091 | | | $ | 40,677 | | | $ | 40,806 | | | Limitations on business interest expense | 17,831 | | | 15,573 | | | 11,783 | | | Research credit carryforwards | 7,344 | | | 7,116 | | | 6,700 | | Capitalized research and development | 1,874 | | | 3,767 | | | 2,916 | | | Other | 5,000 | | | 6,338 | | | 4,609 | | Deferred tax assets before valuation allowance | 74,140 | | | 73,471 | | | 66,814 | | Less: valuation allowance | (57,538) | | | (54,714) | | | (46,173) | | Deferred tax assets | 16,602 | | | 18,757 | | | 20,641 | | | Deferred tax liabilities: | | | | | | Depreciation | (10,007) | | | (10,735) | | | (11,809) | | Debt derivative liability and related debt discount | (5,799) | | | (7,026) | | | (7,911) | | Other | (1,374) | | | (1,419) | | | (1,464) | | | Deferred tax liabilities | (17,180) | | | (19,180) | | | (21,184) | | Net deferred tax liability | $ | (578) | | | $ | (423) | | | $ | (543) | |
The Company continues to maintain a full valuation allowance against its U.S. and state deferred tax assets based on available positive and negative evidence, including historical losses during the most recent three-year period. The Company will re-evaluate the need for a valuation allowance in future periods based on its operating results as a stand-alone entity. The following table presents the amounts and expiration dates of net operating loss and tax credit carryforwards as of December 31, 2025: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Net operating loss carryforwards | | Research and development credits | | Amount | | Begin to expire | | Amount | | Life | | Begin to expire | | Federal, not subject to §382 limitation | $ | 174,674 | | | no expiration | | $ | 4,001 | | | 20 years | | 2033 | | Federal, subject to §382 limitation | 3,867 | | | 2032 | | — | | | — | | — | | California | 52,636 | | | 2038 | | 2,058 | | | unlimited | | none | | All other states | 16,907 | | | 2029 | | 2,132 | | | 15 years | | 2029 |
The Company estimated no utilization of Federal net operating loss carryforwards and no material state operating loss carryforwards for the transition period ended December 31, 2025. The Company estimated utilization of $2,051 and $3,907 of Federal net operating loss carryforwards and no material state operating loss carryforwards for the fiscal years ended May 25, 2025 and May 26, 2024, respectively. As of December 31, 2025, the total amount of net unrecognized tax benefits is $1,461, which is fully offset by valuation allowances. The Company has not had, and does not expect to have, any significant increase or decrease to its unrecognized tax benefits within the next twelve months. Due to tax attribute carryforwards, the Company is subject to examination for tax years 2013 forward for U.S. tax purposes. The Company was also subject to examination in various state jurisdictions for tax years 2012 forward.
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