-----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, KwxM+Mzhe8CvlEYZjLwqVHgoFFqcVsb+byk0qAWBPIbOX8PXes1FXGbxtbad2fgG PGgSiHkF7YEsOf+rPHXhRg== 0001398432-07-000036.txt : 20070919 0001398432-07-000036.hdr.sgml : 20070919 20070720164609 ACCESSION NUMBER: 0001398432-07-000036 CONFORMED SUBMISSION TYPE: CORRESP PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20070720 FILER: COMPANY DATA: COMPANY CONFORMED NAME: KIMCO REALTY CORP CENTRAL INDEX KEY: 0000879101 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 132744380 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: CORRESP BUSINESS ADDRESS: STREET 1: 3333 NEW HYDE PARK RD STREET 2: PO BOX 5020 CITY: NEW HYDE PARK STATE: NY ZIP: 11042 BUSINESS PHONE: 5168699000 MAIL ADDRESS: STREET 1: 3333 NEW HYDE PARK ROAD STREET 2: PO BOX 5020 CITY: NEW HYDE PARKQ STATE: NY ZIP: 11042 CORRESP 1 filename1.htm

 

July 20, 2007

 

 

United States Securities and Exchange Commission

Washington, D. C. 20549

Attn:

Mr. Kevin Woody

 

Branch Chief

 

Re:

Kimco Realty Corporation (the “Company”)

 

Form 10-K for the year ended December 31, 2006

 

Form 10-Q for the quarterly period ended March 31, 2007

 

File No. 1-10899

 

Dear Mr. Woody:

 

In reply to your letter dated July 11, 2007, on the above-mentioned File Number, please find our responses to your comments:

 

Form 10-K for the year ended December 31, 2006

 

Financial Statements

 

Consolidated Statements of Income, page 72

 

1.

We have reviewed your response to comment number 2. Please tell us specifically what the Company intends to do to “address” all uncaptioned subtotals on the face of the Consolidated Statements of Income. Within your response, please address the provisions of Item 10(e)(1)(ii)(C) of Regulation S-K.

 

Response

 

The Company has reviewed the provisions of Item 10(e)(1)(ii)(C) of Regulation S-K and, in future filings will present its Consolidated Statements of Income as follows (in thousands):

 


 

 

Year Ended December 31, 2006

Revenues from rental property

$ 593,880

 

 

Rental property expenses:

 

Rent

11,786

Real estate taxes

75,515

Operating and maintenance

74,178

Total rental property expenses

161,479

 

 

Revenues from rental property less Rental property expenses

432,401

 

 

Mortgage and other financing income

18,816

Management and other fee income

40,684

Depreciation and amortization

(141,070)

General and administrative expenses

(77,683)

Interest, dividends and other investment income

54,417

Other income, net

9,522

Interest expense

(172,888)

Income from continuing operations before income taxes, Income from

other real estate investments, Equity in income of real estate joint ventures,

Minority interests in income, and Gain on sale of development properties

164,199

 

 

Provision for income taxes

(4,387)

 

 

Income from other real estate investments

77,062

Equity in income of real estate joint ventures, net

106,930

Minority interests in income, net

(26,254)

Gain on sale of development properties

 

net of tax of $12,155, $10,824 and $4,401, respectively

25,121

 

 

Income from continuing operations

342,671

 

 

Discontinued operations:

 

Income from discontinued operating properties

14,004

Minority interest from discontinued operating properties

(1,497)

Loss on operating properties held for sale/sold

(1,421)

Gain on disposition of operating properties, net of tax

72,042

Income from discontinued operations

83,128

 

 

Gain on transfer of operating properties

1,394

Loss on transfer of operating property

-

Gain on sale of operating properties, net of tax

1,066

Total gain (loss) on transfer or sale of operating properties, net of tax

2,460

 

 

Net income

428,259

 

 

Preferred stock dividends

(11,638)

 

 

Net income available to common shareholders

$ 416,621

 

2

 


 

Note 7. Investments and Advances in Real Estate Joint Ventures

 

Kimco Prudential Joint Venture, page 92

 

3.

We have reviewed your response to our prior comment 6. Please confirm to us that you will revise your disclosure in future filings to include similar information at the same level of detail that was provided in your most recent response.

 

Response

 

The Company confirms that in future filings, we will include similar information at the same level of detail that was provided in the Company’s most recent response.

 

The Company acknowledges that:

 

the Company is responsible for the adequacy and accuracy of the disclosure in the filings;

 

staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filings; and

 

the Company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.

 

Should you have any questions or require further clarification with regard to our responses, please feel free to contact me directly at (516) 869-7185.

 

Very truly yours,

 

/s/ Michael V. Pappagallo

Michael V. Pappagallo
Executive Vice President and
Chief Financial Officer

 

 

 

 

 

 

 

 

 

 

 

 

3

 

-----END PRIVACY-ENHANCED MESSAGE-----