-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, MGz4zBXDlIqQUSqfJaGpHLedKHauXxODpI71G9+DdcrRVpgoyT527e7qkRWx9v5u GLpVhxzBmliv7gH1fs9QJg== 0000063814-08-000030.txt : 20080728 0000063814-08-000030.hdr.sgml : 20080728 20080728161943 ACCESSION NUMBER: 0000063814-08-000030 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080728 ITEM INFORMATION: Changes in Registrant.s Certifying Accountant FILED AS OF DATE: 20080728 DATE AS OF CHANGE: 20080728 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MAXXAM INC CENTRAL INDEX KEY: 0000063814 STANDARD INDUSTRIAL CLASSIFICATION: FORESTRY [0800] IRS NUMBER: 952078752 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03924 FILM NUMBER: 08973212 BUSINESS ADDRESS: STREET 1: 1330 POST OAK BOULEVARD STREET 2: SUITE 2000 CITY: HOUSTON STATE: TX ZIP: 77056-3058 BUSINESS PHONE: 7139757600 MAIL ADDRESS: STREET 1: 1330 POST OAK BOULEVARD STREET 2: SUITE 2000 CITY: HOUSTON STATE: TX ZIP: 77056-3058 FORMER COMPANY: FORMER CONFORMED NAME: MCO HOLDINGS INC DATE OF NAME CHANGE: 19881115 FORMER COMPANY: FORMER CONFORMED NAME: MCCULLOCH OIL CORP DATE OF NAME CHANGE: 19800630 FORMER COMPANY: FORMER CONFORMED NAME: MCCULLOCH OIL CORP OF CALIFORNIA DATE OF NAME CHANGE: 19691118 8-K 1 maxxam_8k-062008.htm MAXXAM INC. 8K maxxam_8k-062008.htm
 
 
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): June 16, 2008


MAXXAM INC.
(Exact name of Registrant as Specified in its Charter)

Delaware
 
(State or other jurisdiction of incorporation)

1-3924
(Commission File Number)

95-2078752
(I.R.S. Employer Identification Number)
 
1330 Post Oak Boulevard
Suite 2000
Houston, Texas
(Address of Principal Executive Offices)
 
77056
(Zip Code)

Registrant’s telephone number, including area code: (713) 975-7600

Not Applicable
(Former name, former address and
former fiscal year, 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 4.01 Changes in Registrant’s Certifying Accountant.
 
 
Dismissal of Deloitte & Touche LLP
 
 
On June 16, 2008, the Audit Committee of the Board of Directors (the “Audit Committee”) of MAXXAM Inc. (the “Company”) approved the dismissal of Deloitte & Touche LLP ("Deloitte"), the Company’s independent registered public accounting firm.
 
 
The audit reports of Deloitte on the Company’s consolidated financial statements as of and for the years ended December 31, 2007 and 2006 did not contain an adverse opinion or a disclaimer of opinion, and were not qualified or modified as to audit scope or accounting principles. The audit report of Deloitte on the Company’s consolidated financial statements as of and for the year ended December 31, 2007 did, however, contain an explanatory paragraph indicating that the uncertainty surrounding the ultimate outcome of the bankruptcy cases of the Company’s forest products subsidiaries (“the “Bankruptcy Cases”) and its effect on the Company, as well as the Company’s operating losses at its remaining subsidiaries, raise substantial doubt about the Company’s ability to continue as a going concern. In addition, the audit report of Deloitte on the Company’s consolidated financial statements as of and for the year ended December 31, 2006 contained an explanatory paragraph indicating, among other things, that the Bankruptcy Cases raise substantial doubt about the ability of the Company and its subsidiaries to realize their timber-related assets and discharge their timber-related liabilities in the normal course of business and to continue as a going concern.
 
 
During the years ended December 31, 2007 and 2006 and the subsequent interim period ended March 31, 2008 through June 16, 2008, there were (1) no disagreements with Deloitte on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, that if not resolved to the satisfaction of Deloitte, would have caused them to make reference to such disagreements in its report on the Company’s financial statements for such periods, and (2) no reportable events (as defined in Item 304(a)(1)(v) of SEC Regulation S-K).
 
 
The Company has provided Deloitte with a copy of this Current Report on Form 8-K and requested that Deloitte furnish us with a letter addressed to the Securities and Exchange Commission stating whether it agrees with the statements made by the Company herein and, if not, stating the respects in which it does not agree. The letter from Deloitte to the Securities and Exchange Commission dated as of June 20, 2008 is attached as Exhibit 16.1 to this Current Report.
 
 
Appointment of Grant Thornton LLP
 
 
On June 16, 2008, the Audit Committee appointed Grant Thornton LLP (“Grant Thornton”) to serve as the Company’s independent registered public accounting firm. Such appointment became effective June 20, 2008. During the two most recent fiscal years and the subsequent interim period ended March 31, 2008 and through June 20, 2008, the Company did not consult with Grant Thornton regarding (1) the application of accounting principles to any specific completed or proposed transaction, or the type of audit opinion that might be rendered on the Company’s financial statements, nor did Grant Thornton provide written or oral advice to the Company that Grant Thornton concluded was an important factor considered by the Company in reaching a decision as to accounting, auditing or financial reporting issue, or (2) any matter that was either the subject of a disagreement (as defined in Item 304(a)(1)(iv) of SEC Regulation S-K) or a reportable event (as defined in Item 304(a)(1)(v) of SEC Regulation S-K).
 
 
Item 9.01. Financial Statements and Exhibits.
 
 
(c) Exhibits
 
                     16.1
Deloitte letter to the Securities and Exchange Commission dated June 20, 2008
 
[signature page follows]
 
 

 
 
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 hereunto duly authorized.
 
 
MAXXAM INC.
     
Date: June 20, 2008
By:
/s/ M. Emily Madison
 
Name:
M. Emily Madison
 
Title:
Vice President, Finance
 

 
EXHIBIT INDEX
Exhibit Number
Description
 16.1
Deloitte letter to the Securities and Exchange Commission dated June 20, 2008
 
0101FMS8.VM.DOC
 
 


 
EX-16.1 2 maxxam_8k-exh161.htm MAXXAM 8K - DELOITTE & TOUCHE EXH 16.1 maxxam_8k-exh161.htm
 
Exhibit 16.1
Deloitte.


Deloitte & Touche LLP
Suite 2300
333 Clay Street
Houston, TX 77002-4196 USA

 
Tel: +1 713 982 2000
Fax: +1 713 982 2001
www.deloitte.com
 










June 20, 2008


Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549-7561
 
Dear Sirs/Madams:
 
We have read Item 4 of MAXXAM Inc.’s Form 8-K dated June 20, 2008, and have the following comments:

1. We agree with the statements made in the second, third and fourth paragraphs.
 
2. We have no basis on which to agree or disagree with the statements made in the first paragraph and the fifth paragraph.

Yours truly,

/s/ DELOITTE & TOUCHE LLP

Member of
Deloitte Touche Tohmatsu

 
 


 
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