--------------------------------------------------------------------------------
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): April 14, 2009
ROCK-TENN COMPANY
(Exact name of registrant as specified in its charter)
Georgia 1-12613 62-0342590
---------------------------- ------------------------ ---------------------
(State of Incorporation) (Commission File Number) (IRS Employer
Identification No.)
504 Thrasher Street, Norcross, Georgia 30071
--------------------------------------------- -----------------------------
(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code: (770) 448-2193
Not Applicable
(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 8.01. Other Events
On April 13, 2009, the Company received notification from the Internal
Revenue Service that its registration as an alternative fuel mixer has been
approved. As a result, the Company will be eligible for a tax credit equal to
$0.50 per gallon of alternative fuel used at its Demopolis, Alabama bleached
paperboard mill from January 22, 2009 through the expiration of the tax credit,
which is currently set at December 31, 2009. The alternative fuel eligible for
the tax credit is liquid fuel derived from biomass. The Company believes that
the tax credit generated with respect to the period from January 22, 2009
through March 31, 2009 will be approximately $15 million. The Company will begin
booking the tax credits in the third fiscal quarter of 2009. The Demopolis mill
took approximately seven days of downtime during April in connection with its
previously announced maintenance shutdown.
Cautionary Statement
The statement herein regarding the amount of the alternative fuel tax
credit generated through March 31, 2009 constitutes a forward-looking statement
within the meaning of the federal securities laws. This statement is subject to
certain risks and uncertainties that could cause the amount of tax credit
generated to differ materially from the amount contained in the forward-looking
statement. With respect to this statement, we have made assumptions regarding,
among other things, the amount of the alternative fuel that the Demopolis mill
produced and consumed. Management believes its assumptions are reasonable;
however, undue reliance should not be placed on this estimate.
###
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.
Date: April 14, 2009
ROCK-TENN COMPANY
By /s/ Steven C. Voorhees
------------------------------------------
Name: Steven C. Voorhees
Title: Executive Vice President, Chief
Financial Officer and Chief Administrative
Officer (Principal Financial Officer)