SEC Company Response from AMCON DISTRIBUTING CO (DIT) (CIK 0000928465) (DIT) — Dec 16, 2005
AMCON DISTRIBUTING CO (DIT) (CIK 0000928465)
Date: Dec. 16, 2005 · CIK: 0000928465 · Accession: 0000928465-05-000072
AI Filing Summary & Sentiment
Referenced dates: December 2, 2005, November 30, 2005, OCTOBER 27, 2005
Letter
December 16, 2005 Mr. Mike Moran Accounting Branch Chief Securities and Exchange Commission Mail Stop 3561 100 F. Street N.E. Washington, D.C. 20549
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. Moran:
We have received the staff's comment letter dated December 2, 2005 and our response to each of those comments is set forth below:
FORM 10-K/A (AMENDMENT NO. 2) FOR THE YEAR ENDED SEPTEMBER 24, 2004
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 REVISED THE TABULAR PRESENTATIONS INCLUDED IN SELECTED FINANCIAL DATA ON PAGE 6 AND SELECTED QUARTERLY FINANCIAL DATA (UNAUDITED) ON PAGE 8 IN FUTURE FILINGS.
Response: We advise the staff that in future filings we will revise the presentation of our Statement of Operations which currently ends with "Net (loss) income available to common shareholders" to end with "Net (loss) income" as required by Rule 5-03(b)(19) of Regulation S-X. Similarly, in future filings, we will also revise the tabular presentations included in the selected financial data on page 6 and selected quarterly financial data (unaudited) on page 8. The calculation of the amounts included in the Statement of Operations will remain unchanged as a result of this revision.
2. WE NOTE YOUR RESPONSE TO COMMENT 1 IN OUR LETTER DATED OCTOBER 27, 2005 AND THE REVISIONS TO YOUR FILINGS. 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.
Response: We advise the staff that in future filings we will revise the presentation of our Statement of Cash Flows which currently begins with "Net (loss) income available to common shareholders" to begin with "Net (loss) income." The calculation of the amounts included within the Statement of Cash Flows will remain unchanged as a result of this revision.
-1-
Should you have any additional questions regarding these matters please feel free to contact me.
Sincerely,
/s/ Michael D. James
------------------------
Michael D. James
Vice President and
Chief Financial Officer
Show Raw Text
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December 16, 2005
Mr. Mike Moran
Accounting Branch Chief
Securities and Exchange Commission
Mail Stop 3561
100 F. Street N.E.
Washington, D.C. 20549
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. Moran:
We have received the staff's comment letter dated December 2, 2005 and our
response to each of those comments is set forth below:
FORM 10-K/A (AMENDMENT NO. 2) FOR THE YEAR ENDED SEPTEMBER 24, 2004
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 REVISED THE
TABULAR PRESENTATIONS INCLUDED IN SELECTED FINANCIAL DATA ON PAGE 6 AND
SELECTED QUARTERLY FINANCIAL DATA (UNAUDITED) ON PAGE 8 IN FUTURE FILINGS.
Response: We advise the staff that in future filings we will revise the
presentation of our Statement of Operations which currently ends with "Net
(loss) income available to common shareholders" to end with "Net (loss)
income" as required by Rule 5-03(b)(19) of Regulation S-X. Similarly, in
future filings, we will also revise the tabular presentations included in the
selected financial data on page 6 and selected quarterly financial data
(unaudited) on page 8. The calculation of the amounts included in the
Statement of Operations will remain unchanged as a result of this revision.
2. WE NOTE YOUR RESPONSE TO COMMENT 1 IN OUR LETTER DATED OCTOBER 27, 2005
AND THE REVISIONS TO YOUR FILINGS. 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.
Response: We advise the staff that in future filings we will revise the
presentation of our Statement of Cash Flows which currently begins with "Net
(loss) income available to common shareholders" to begin with "Net (loss)
income." The calculation of the amounts included within the Statement of
Cash Flows will remain unchanged as a result of this revision.
-1-
Should you have any additional questions regarding these matters please
feel free to contact me.
Sincerely,
/s/ Michael D. James
------------------------
Michael D. James
Vice President and
Chief Financial Officer
-2-
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