SEC Comment Letter for AMCON DISTRIBUTING CO (DIT) (CIK 0000928465) (DIT) — Dec 2, 2005
AMCON DISTRIBUTING CO (DIT) (CIK 0000928465)
Date: Dec. 2, 2005 · CIK: 0000928465 · Accession: 0000000000-05-060536
AI Filing Summary & Sentiment
Referenced dates: November 30, 2005, October 27, 2005, October 27, 2005
Letter
Mail Stop 3561 December 2, 2005 Mr. Michael D. James Vice President & Chief Financial Officer Amcon Distributing Company 7405 Irvington Road Omaha, NE 68122
RE: Form 10-K/A (Amendment No. 2) for the Fiscal Year Ended September 24, 2004 Filed on November 30, 2005 Response Letter Dated November 30, 2005 File No. 1-15589
Dear Mr. James:
We have reviewed your response to our letter dated October 27, 2005 and your amended filing and have the following comments.
Form 10-K/A (Amendment No. 2) for the Year Ended September 24,
Annual Report Consolidated Financial Statements
Consolidated Statements of Income, page F-3
1. We note that the net income or loss line item required by Rule 5- 03(b)(19) of Regulation S-X has been omitted. Please include the net income (loss) line item in future filings. You should also similarly revise the tabular presentations included in Selected Financial Data on page 6 and Selected Quarterly Financial Data (Unaudited) on page 8 in future filings.
Consolidated Statements of Cash Flows, page F-5
2. We note your response to comment 1 in our letter dated October 27, 2005 and the revisions to your filing. You indicate that the reconciliation of net income to net cash flows from operating activities was revised to begin with net income. However, in the filing, the reconciliation begins with net income or loss available to common shareholders. Please revise future filings accordingly.
Please provide a written response to these comments within business days or tell us when you will provide us with a response. Please understand that we may have additional comments after reviewing your response.
You may contact Bill Thompson at (202) 551-3344 or Donna Di Silvio at (202) 551-3202 if you have any questions.
Sincerely,
Michael A. Moran
Branch Chief
Show Raw Text
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<TEXT>
Mail Stop 3561
December 2, 2005
Mr. Michael D. James
Vice President & Chief Financial Officer
Amcon Distributing Company
7405 Irvington Road
Omaha, NE 68122
RE: Form 10-K/A (Amendment No. 2) for the
Fiscal Year Ended September 24, 2004 Filed
on November 30, 2005
Response Letter Dated November 30, 2005
File No. 1-15589
Dear Mr. James:
We have reviewed your response to our letter dated
October
27, 2005 and your amended filing and have the following comments.
Form 10-K/A (Amendment No. 2) for the Year Ended September 24,
2004
Annual Report
Consolidated Financial Statements
Consolidated Statements of Income, page F-3
1. We note that the net income or loss line item required by Rule
5-
03(b)(19) of Regulation S-X has been omitted. Please include the
net
income (loss) line item in future filings. You should also
similarly
revise the tabular presentations included in Selected Financial
Data
on page 6 and Selected Quarterly Financial Data (Unaudited) on
page 8
in future filings.
Consolidated Statements of Cash Flows, page F-5
2. We note your response to comment 1 in our letter dated October
27,
2005 and the revisions to your filing. You indicate that the
reconciliation of net income to net cash flows from operating
activities was revised to begin with net income. However, in the
filing, the reconciliation begins with net income or loss
available
to common shareholders. Please revise future filings accordingly.
Please provide a written response to these comments within
10
business days or tell us when you will provide us with a response.
Please understand that we may have additional comments after
reviewing your response.
You may contact Bill Thompson at (202) 551-3344 or Donna Di
Silvio at (202) 551-3202 if you have any questions.
Sincerely,
Michael A. Moran
Branch Chief
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Mr. Michael D. James
Amcon Distributing Company
December 2, 2005
Page 1
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549-0405
DIVISION OF
CORPORATION FINANCE
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