UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
Current Report
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) October 27, 2004
--------------------------------
Applebee's International, Inc.
----------------------------------------------------
(Exact name of registrant as specified in its charter)
Delaware 000-17962 43-1461763
------------------------------ ------------ -----------------------
(State or other jurisdiction of (Commission (I.R.S. Employer
incorporation or organization) File Number) Identification No.)
4551 W. 107th Street, Overland Park, Kansas 66207
-------------------------------------------------------------------------------
(Address of principal executive offices and zip code)
(913) 967-4000
----------------------------------------------------
(Registrant's telephone number, including area code)
None
-------------------------------------------------------------
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Item 7.01. Regulation FD Disclosure
On October 27, 2004, Applebee's International, Inc. (the "Company")
issued a press release entitled "Applebee's International Enters into PreFiling
Agreement with United States Internal Revenue Service." The release contained
the following information.
FOR IMMEDIATE RELEASE
Contact: Carol DiRaimo,
Vice President of Investor Relations
(913) 967-4109
Applebee's International Enters into
PreFiling Agreement with United States Internal Revenue Service
Overland Park, Kan., October 27, 2004 -- Applebee's International, Inc.
(Nasdaq:APPB) announced today that it has entered into a PreFiling Agreement
("PFA") with the United States Internal Revenue Service ("IRS") for federal tax
depreciation, the first of its kind relating to this issue in the restaurant
industry. The PFA process gave Applebee's and the IRS the opportunity to
determine the application of newly issued IRS guidance to all new and remodeled
stores opened during 2003 before filing its 2003 income tax return. The result
was an increase in cash flow due to accelerated depreciation of restaurant
assets and corresponding deferral of income taxes.
Steve Lumpkin, Applebee's Chief Financial Officer, was extremely pleased that
the company and IRS were able to work jointly to complete the PFA. "This PFA
provides the company and our shareholders a level of financial certainty that
has traditionally not been available to a company until it has been audited by
the IRS."
Citing as reasons for the PFA success the quality of the teams involved and the
effectiveness of the PFA process, Lumpkin noted, "The IRS professionals who
worked on our PFA understood the law, our company and our industry. I compliment
the IRS on the creation of a process that can be a winner for both the taxpayers
and the government. We were also fortunate to have KPMG LLP as advisors in this
unique undertaking. Their specialized experience was invaluable to us in
completing the PFA expeditiously and efficiently."
Applebee's International, Inc., headquartered in Overland Park, Kan., develops,
franchises and operates restaurants under the Applebee's Neighborhood Grill &
Bar brand, the largest casual dining concept in the world. As of October 24,
2004, there were 1,633 Applebee's restaurants operating system-wide in 49 states
and 10 international countries. Additional information on Applebee's
International can be found at the company's website (www.applebees.com).
# # #
2
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
APPLEBEE'S INTERNATIONAL, INC.
(Registrant)
Date: October 27, 2004 By: /s/ Steven K. Lumpkin
--------------------- ------------------------
Steven K. Lumpkin
Executive Vice President and
Chief Financial Officer
3