-----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, UFMIvD+nlXFtDi798hGgbBac4Ce8GZATAZ+8HKSCCrmLLnfh8+smDNq05HqzFKxI Mqdt6N/YRQKZo4SV/FszDw== 0000950137-07-017159.txt : 20071114 0000950137-07-017159.hdr.sgml : 20071114 20071114122401 ACCESSION NUMBER: 0000950137-07-017159 CONFORMED SUBMISSION TYPE: 10-Q PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 20070930 FILED AS OF DATE: 20071114 DATE AS OF CHANGE: 20071114 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DEL TACO INCOME PROPERTIES IV CENTRAL INDEX KEY: 0000812630 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE [6500] IRS NUMBER: 330241855 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-Q SEC ACT: 1934 Act SEC FILE NUMBER: 033-13437 FILM NUMBER: 071242266 BUSINESS ADDRESS: STREET 1: 23041 AVENIDA DE LA CARLOTA, SUITE 400 CITY: LAGUNA HILLS STATE: CA ZIP: 92653 BUSINESS PHONE: 714 462-9300 MAIL ADDRESS: STREET 1: 1800 W KATELLA AVE CITY: ORANGE STATE: CA ZIP: 92667 10-Q 1 a35657e10vq.htm FORM 10-Q Del Taco Income Properties IV
Table of Contents

 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q
 
(Mark one)
x   QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 
For the quarterly period ended September 30, 2007.
 
OR
 
o   TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
 
For the transition period from                               to                               .
 
Commission file no. 33-13437
 
DEL TACO INCOME PROPERTIES IV
a California limited partnership
(Exact name of registrant as specified in its charter)
 
     
California
  33-0241855
(State or other jurisdiction of
incorporation or organization)
  (I.R.S. Employer
Identification Number)
     
     
25521 Commercentre Drive, Lake Forest, California
  92630
(Address of principal executive offices)
  (Zip Code)
 
(949) 462-9300
(Registrant’s telephone number, including area code)
 
     Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.  Yes þ  No o
 
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer. See definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act (check one):
Large accelerated filer o     Accelerated filer o     Non-accelerated filer þ
 
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).  Yes o  No þ
 


 

INDEX
DEL TACO INCOME PROPERTIES IV
     
    PAGE NUMBER
   
 
   
  3
 
   
  3
 
   
  4
 
   
  5
 
   
  6
 
   
  9
 
   
  11
 
   
  11
 
   
   
 
   
  12
 
   
  13
 EXHIBIT 31.1
 EXHIBIT 31.2
 EXHIBIT 32.1

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PART I. FINANCIAL INFORMATION
ITEM I. FINANCIAL STATEMENTS
DEL TACO INCOME PROPERTIES IV
CONDENSED BALANCE SHEETS
                 
    September 30,     December 31,  
    2007     2006  
    (Unaudited)          
ASSETS
               
 
               
CURRENT ASSETS:
               
Cash
  $ 126,001     $ 144,397  
Receivable from Del Taco LLC
    36,047       36,536  
Deposits
    551       615  
 
           
Total current assets
    162,599       181,548  
 
           
 
               
PROPERTY AND EQUIPMENT:
               
Land and improvements
    1,236,700       1,236,700  
Buildings and improvements
    1,289,860       1,289,860  
Machinery and equipment
    484,789       484,789  
 
           
 
    3,011,349       3,011,349  
Less—accumulated depreciation
    1,457,219       1,415,768  
 
           
 
    1,554,130       1,595,581  
 
           
 
               
 
  $ 1,716,729     $ 1,777,129  
 
           
 
               
LIABILITIES AND PARTNERS’ EQUITY
               
 
               
CURRENT LIABILITIES:
               
Payable to limited partners
  $ 11,972     $ 34,885  
Accounts payable
    11,649       10,571  
 
           
Total current liabilities
    23,621       45,456  
 
           
 
               
OBLIGATION TO GENERAL PARTNER
    137,953       137,953  
 
           
 
               
PARTNERS’ EQUITY:
               
Limited partners; 165,375 units outstanding at September 30, 2007 and December 31, 2006
    1,570,737       1,608,916  
General partner-Del Taco LLC
    (15,582 )     (15,196 )
 
           
 
    1,555,155       1,593,720  
 
           
 
               
 
  $ 1,716,729     $ 1,777,129  
 
           
See accompanying notes to condensed financial statements.

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DEL TACO INCOME PROPERTIES IV
CONDENSED STATEMENTS OF INCOME
(Unaudited)
                                 
    Three Months Ended     Nine Months Ended  
    September 30,     September 30,  
    2007     2006     2007     2006  
RENTAL REVENUES
  $ 112,025     $ 113,739     $ 326,557     $ 339,465  
 
                       
 
                               
EXPENSES:
                               
General and administrative
    10,331       8,222       56,184       53,711  
Depreciation
    13,817       13,817       41,451       41,451  
 
                       
 
    24,148       22,039       97,635       95,162  
 
                       
 
                               
Operating income
    87,877       91,700       228,922       244,303  
 
                               
OTHER INCOME:
                               
Interest
    558       680       1,585       1,737  
Other
    175       225       300       525  
 
                       
 
                               
Net income
  $ 88,610     $ 92,605     $ 230,807     $ 246,565  
 
                       
 
                               
Net income per limited partnership unit (note 2)
  $ 0.53     $ 0.55     $ 1.38     $ 1.48  
 
                       
 
                               
Number of units used in computing per unit amounts
    165,375       165,375       165,375       165,375  
 
                       
See accompanying notes to condensed financial statements.

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DEL TACO INCOME PROPERTIES IV
CONDENSED STATEMENTS OF CASH FLOWS
(Unaudited)
                 
    Nine Months Ended  
    September 30,  
    2007     2006  
CASH FLOWS FROM OPERATING ACTIVITIES:
               
 
               
Net income
  $ 230,807     $ 246,565  
Adjustments to reconcile net income to net cash provided by operating activities:
               
Depreciation
    41,451       41,451  
Changes in operating assets and liabilities:
               
Receivable from Del Taco LLC
    489       2,166  
Deposits
    64       (279 )
Payable to limited partners
    (22,913 )     (4,340 )
Accounts payable
    1,078       (36 )
 
           
 
               
Net cash provided by operating activities
    250,976       285,527  
 
               
CASH FLOWS FROM FINANCING ACTIVITIES:
               
 
               
Cash distributions to partners
    (269,372 )     (291,964 )
 
           
 
               
Net decrease in cash
    (18,396 )     (6,437 )
 
               
Beginning cash balance
    144,397       150,403  
 
           
 
               
Ending cash balance
  $ 126,001     $ 143,966  
 
           
See accompanying notes to condensed financial statements.

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DEL TACO INCOME PROPERTIES IV
NOTES TO CONDENSED FINANCIAL STATEMENTS
FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, 2007
UNAUDITED
NOTE 1 — BASIS OF PRESENTATION
The accompanying unaudited condensed financial statements have been prepared in accordance with accounting principles generally accepted in the United States of America for interim financial information and with the instructions to Form 10-Q and Article 10 of Regulation S-X. Accordingly, they do not include all of the information and footnotes required by accounting principles generally accepted in the United States of America for complete financial statements and should therefore be read in conjunction with the financial statements and notes thereto contained in the annual report on Form 10-K for the year ended December 31, 2006 for Del Taco Income Properties IV (the Partnership or the Company). Amounts related to disclosure of December 31, 2006 balances within these interim financial statements were derived from the audited 2006 financial statements and notes thereto included in the 2006 Form 10-K. In the opinion of management, all adjustments (consisting of normal recurring adjustments) necessary to present fairly the Partnership’s financial position at September 30, 2007, the results of operations for the three and nine month periods ended September 30, 2007 and 2006 and cash flows for the nine month periods ended September 30, 2007 and 2006 have been included. Operating results for the three and nine months ended September 30, 2007 are not necessarily indicative of the results that may be expected for the year ending December 31, 2007.
NOTE 2 — NET INCOME PER LIMITED PARTNERSHIP UNIT
Net income per limited partnership unit is based on net income attributable to the limited partners (after 1% allocation to the general partner) using the weighted average number of units outstanding during the periods presented which amounted to 165,375 units in 2007 and 2006.
Pursuant to the partnership agreement, annual partnership income or loss is allocated one percent to Del Taco LLC, formerly known as Del Taco Inc. (Del Taco or the General Partner), and 99 percent to the limited partners. Partnership gains from any sale or refinancing will be allocated one percent to the General Partner and 99 percent to the limited partners until allocated gains and profits equal losses, distributions and syndication costs, and until each class of limited partners receive their priority return as defined in the partnership agreement. Additional gains will be allocated 12 percent to the General Partner and 88 percent to the limited partners.
NOTE 3 — LEASING ACTIVITIES
The Partnership leases certain properties for operation of restaurants to Del Taco on a triple net basis. The leases are for terms of 32 years commencing with the completion of the restaurant facility located on each property and require monthly rentals equal to 12 percent of the gross sales of the restaurants. Supplemental rent is calculated on an annual basis and recorded in the fourth quarter since the amount of supplemental rent, if any, is contingent upon the amount of annual gross sales and pretax profits of the restaurants which are not known until the end of the year. The leases terminate in the years 2023 to 2024. There is no minimum rental payments required under any of the leases.

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DEL TACO INCOME PROPERTIES IV
NOTES TO CONDENSED FINANCIAL STATEMENTS — CONTINUED
FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, 2007
UNAUDITED
NOTE 3 — LEASING ACTIVITIES — continued
For the three months ended September 30, 2007, the two restaurants operated by Del Taco, for which the Partnership is the lessor, had combined, unaudited sales of $591,590 and unaudited net income of $19,040 as compared to $579,593 and $25,277, respectively, for the corresponding period in 2006. Net income or loss of each restaurant includes charges for general and administrative expenses incurred in connection with supervision of restaurant operations and interest expense. For the three months ended September 30, 2007, the one restaurant operated by a Del Taco franchisee, for which the Partnership is the lessor, had unaudited sales of $341,948 as compared with $368,235 during the same period in 2006.
For the nine months ended September 30, 2007, the two restaurants operated by Del Taco, for which the Partnership is the lessor, had combined, unaudited sales of $1,719,001 and unaudited net income of $53,942 as compared to $1,700,841 and $100,925, respectively, for the corresponding period in 2006. Net income or loss of each restaurant includes charges for general and administrative expenses incurred in connection with supervision of restaurant operations and interest expense and the decrease in net income from the corresponding period of the prior year primarily relates to additional interest expense from the debt that was issued in connection with the acquisition of Del Taco (see Note 8). For the nine months ended September 30, 2007, the one restaurant operated by a Del Taco franchisee, for which the Partnership is the lessor, had unaudited sales of $1,002,303 as compared with $1,128,033 during the same period in 2006.
NOTE 4 — TRANSACTIONS WITH DEL TACO
The receivable from Del Taco LLC consists primarily of rent accrued for the month of September 2007. The September rent was collected in October 2007.
Del Taco serves in the capacity of general partner in other partnerships which are engaged in the business of operating restaurants, and three other partnerships which were formed for the purpose of acquiring real property in California for construction of Mexican-American restaurants for lease under long-term agreements to Del Taco for operation under the Del Taco trade name.
In addition, see Note 5 with respect to certain distributions to the General Partner.
NOTE 5 — DISTRIBUTIONS
Total cash distributions declared and paid in January, April and July 2007 were $104,512, $88,611 and $76,249, respectively. On October 29, 2007, a distribution to the limited partners of $107,939 or approximately $0.65 per limited partnership unit, was declared. Such distribution was paid October 31, 2007. The General Partner also received a distribution of $1,090 with respect to its 1% partnership interest.

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DEL TACO INCOME PROPERTIES IV
NOTES TO CONDENSED FINANCIAL STATEMENTS — CONTINUED
FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, 2007
UNAUDITED
NOTE 6 — PAYABLE TO LIMITED PARTNERS
Payable to limited partners represents a reclassification from cash for distribution checks made to limited partners that have remained outstanding for six months or longer. The reduction in payable to limited partners from December 31, 2006 to September 30, 2007 is primarily due to reissuing outstanding distribution checks to limited partners who were located in connection with the Partnership’s review of unclaimed property.
NOTE 7 — CONCENTRATION OF RISK
The three restaurants leased to Del Taco make up all of the income producing assets of the Partnership and contributed all of the Partnership’s rental revenues during the three and nine months ended September 30, 2007 and 2006.  Therefore, the business of the Partnership is entirely dependent on the success of the Del Taco trade name restaurants that lease the properties. 
NOTE 8 — ACQUISITION OF GENERAL PARTNER
On January 30, 2007, the parent company of the General Partner entered into an agreement to sell all of its issued and outstanding common stock to Sagittarius Acquisitions II, Inc. the transaction was consummated on March 29, 2007 and did not have an impact on the financial position, results of operations or cash flows of the Partnership.

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Table of Contents

Item 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations
Liquidity and Capital Resources
Del Taco Income Properties IV (the Partnership or the Company) offered limited partnership units for sale between June 1987 and June 1988. $4.135 million was raised through the sale of limited partnership units and used to acquire sites and build three restaurants, and also to pay commissions to brokers and to reimburse Del Taco LLC (Del Taco or the General Partner) for offering costs incurred. In February of 1992, approximately $442,000 raised during the offering but not required to acquire sites and build restaurants was distributed to the limited partners.
The three restaurants leased to Del Taco make up all of the income producing assets of the Partnership. Therefore, the business of the Partnership is entirely dependent on the success of the Del Taco trade name restaurants that lease the properties. The success of the restaurants is dependent on a large variety of factors, including, but not limited to, competition, consumer demand and preference for fast food, in general, and for Mexican-American food in particular.
Results of Operations
The Partnership owns three properties that are under long-term lease to Del Taco for restaurant operations (Del Taco, in turn, has sub-leased one of the restaurants to a Del Taco franchisee).
The following table sets forth rental revenue earned by restaurant for the three and nine months ended September 30, 2007 and 2006:
                                 
    Three Months Ended     Nine Months Ended  
    September 30,     September 30,  
    2007     2006     2007     2006  
Orangethorpe Ave., Placentia, CA
  $ 47,529     $ 46,057     $ 137,650     $ 134,344  
Lakeshore Drive, Lake Elsinore, CA
    41,034       44,188       120,277       135,364  
Highland Ave., San Bernardino, CA
    23,462       23,494       68,630       69,757  
 
                       
 
                               
Total
  $ 112,025     $ 113,739     $ 326,557     $ 339,465  
 
                       
The Partnership receives rental revenues equal to 12 percent of gross sales from the restaurants plus supplemental rent as required by the Partnership agreement. The Partnership earned rental revenue of $112,025 during the three month period ended September 30, 2007, which represents a decrease of $1,714 from the corresponding period in 2006. The Partnership earned rental revenue of $326,557 during the nine month period ended September 30, 2007, which represents a decrease of $12,908 from the corresponding period in 2006. The changes in rental revenue between 2007 and 2006 are directly attributable to changes in sales levels at the restaurants under lease due to local competitive and industry factors.

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Table of Contents

Item 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations — continued
The following table breaks down general and administrative expenses by type of expense:
                                 
    Percent of Total
    General & Administrative Expense
 
    Three Months Ended   Nine Months Ended
    September 30,   September 30,
    2007   2006   2007   2006
Accounting fees
    52.13 %     58.92 %     76.46 %     74.82 %
Distribution of information to limited partners
    47.87 %     41.08 %     23.54 %     25.18 %
 
                               
 
                               
 
    100.00 %     100.00 %     100.00 %     100.00 %
 
                               
General and administrative costs for the three month and nine month periods ended September 30, 2007 increased from the corresponding period in the previous year due to increased costs for accounting fees related to certain statutory filing requirements and increased printing costs.
For the three month period ended September 30, 2007, net income decreased by $3,995 from 2006 to 2007 due to the decrease in revenues of $1,714, the decrease in interest and other income of $172, and the increase in general and administrative expenses of $2,109. For the nine month period ended September 30, 2007, net income decreased by $15,758 from 2006 to 2007 due to a decrease in revenues of $12,908, the decrease in interest and other income of $377, and the increase in general and administrative expenses of $2,473.
Recent Accounting Pronouncements
None.
Off-Balance Sheet Arrangements
None.
Critical Accounting Policies and Estimates
Management’s discussion and analysis of financial condition and results of operations, as well as disclosures included elsewhere in this report on Form 10-Q are based upon the Partnership’s financial statements, which have been prepared in accordance with accounting principles generally accepted in the United States of America. The preparation of these financial statements requires management to make estimates and judgments that affect the reported amounts of assets, liabilities, revenues and expenses. The Partnership believes the critical accounting policies that most impact the financial statements are described below. A summary of the significant accounting policies of the Partnership can be found in Note 1 to the Financial Statements which is included in the Partnership’s December 31, 2006 Form 10-K.

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Item 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations — continued
Property and Equipment: Property and equipment is stated at cost. Depreciation is computed using the straight-line method over estimated useful lives which are 20 years for land improvements, 35 years for buildings and improvements, and 10 years for machinery and equipment.
The Partnership accounts for property and equipment in accordance with Statement of Financial Accounting Standards No. (SFAS) 144, “Accounting for the Impairment or Disposal of Long Lived Assets.” SFAS 144 requires that long-lived assets be reviewed for impairment whenever events or changes in circumstances indicate that the carrying value of the asset may not be recoverable. In evaluating long-lived assets held for use, an impairment loss is recognized if the sum of the expected future cash flows (undiscounted and without interest charges) is less than the carrying value of the asset.
Once a determination has been made that an impairment loss should be recognized for long-lived assets, various assumptions and estimates are used to determine fair value including, among others, estimated costs of construction and development, recent sales of comparable properties and the opinions of fair value prepared by independent real estate appraisers. Long-lived assets to be disposed of are reported at the lower of carrying amount or fair value less cost to sell.
Item 3. Quantitative and Qualitative Disclosures About Market Risk.
None.
Item 4. Controls and Procedures
     (a) Evaluation of disclosure controls and procedures:
As of the end of the period covered by this quarterly report, we carried out an evaluation, under the supervision and with the participation of the Company’s management, including the Company’s President and Treasurer, of the effectiveness of the design and operation of the Company’s disclosure controls and procedures. Based upon that evaluation, the President and Treasurer concluded that the Company’s disclosure controls and procedures are effective in timely alerting them to material information relating to the Company required to be included in the Company’s periodic Securities and Exchange Commission filings.
     (b) Changes in internal controls:
There were no significant changes in the Company’s internal controls over financial reporting that occurred during our most recent fiscal quarter that materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.
     (c) Asset-Backed issuers:
Not applicable.

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Table of Contents

PART II. OTHER INFORMATION
There is no information required to be reported for any items under Part II, except as follows:
Item 6. Exhibits and Reports
  (a)   Exhibits
  31.1   Shirlene Lopez’s Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
 
  31.2   Steven L. Brake’s Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
 
  32.1   Certification pursuant to Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  (b)   Reports
 
      None.

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SIGNATURE
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.
       
 
  DEL TACO INCOME PROPERTIES IV  
 
  (a California limited partnership)  
 
  Registrant  
 
     
 
  Del Taco LLC  
 
  General Partner  
 
     
Date: November 14, 2007
  /s/ Steven L. Brake  
 
     
 
  Steven L. Brake  
 
  Treasurer  

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Table of Contents

     
Exhibits   Description
 
   
31.1
  Shirlene Lopez’s Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
 
   
31.2
  Steven L. Brake’s Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
 
   
32.1
  Certification pursuant to Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

-14-

EX-31.1 2 a35657exv31w1.htm EXHIBIT 31.1 Exhibit 31.1
 

Exhibit 31.1
CERTIFICATION OF PRESIDENT PURSUANT TO SECURITIES ACT
RULES 13A-14 AND 15D-14 AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
I, Shirlene Lopez, certify that:
1.   I have reviewed this quarterly report (“report”) on Form 10-Q of Del Taco Income Properties IV;
2.   Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.   Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
4.   The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
  a)   Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
 
  b)   Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
 
  c)   Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and
5.   The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent function):
  a)   All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and
 
  b)   Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal controls over financial reporting.
     
Date: November 14, 2007
  /s/ Shirlene Lopez
 
   
 
  Shirlene Lopez
 
  President

 

EX-31.2 3 a35657exv31w2.htm EXHIBIT 31.2 Exhibit 31.2
 

Exhibit 31.2
CERTIFICATION OF TREASURER PURSUANT TO SECURITIES ACT
RULES 13A-14 AND 15D-14 AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
I, Steven L. Brake, certify that:
1.   I have reviewed this quarterly report (“report”) on Form 10-Q of Del Taco Income Properties IV;
2.   Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.   Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
4.   The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
  a)   Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
 
  b)   Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
 
  c)   Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and
5.   The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent function):
  a)   All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and
 
  b)   Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal controls over financial reporting.
     
Date: November 14, 2007
  /s/ Steven L. Brake
 
   
 
  Steven L. Brake
 
  Treasurer

 

EX-32.1 4 a35657exv32w1.htm EXHIBIT 32.1 Exhibit 32.1
 

Exhibit 32.1
CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF TITLE 18,
UNITED STATES CODE)
In connection with the Quarterly Report of Del Taco Income Properties IV (the “Company” or “Partnership”) on Form 10-Q for the period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned officers of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:
               (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
               (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Partnership.
     
 
   
Date: November 14, 2007
  /s/ Shirlene Lopez
 
   
 
  Shirlene Lopez
 
  President
 
   
Date: November 14, 2007
  /s/ Steven L. Brake
 
   
 
  Steven L. Brake
 
  Treasurer
A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

 

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