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):
DECEMBER 10, 2002
KANSAS CITY SOUTHERN
(Exact name of company as specified in its charter)
DELAWARE 1-4717 44-0663509
----------------------------- -------------------- -------------------------
(State or other jurisdiction (Commission file (IRS Employer
of incorporation) number) Identification Number)
427 WEST 12TH STREET, KANSAS CITY, MISSOURI 64105
(Address of principal executive offices) (Zip Code)
COMPANY'S TELEPHONE NUMBER, INCLUDING AREA CODE:
(816) 983 - 1303
NOT APPLICABLE
(Former name or former address if changed since last report)
ITEM 5. OTHER EVENTS
GRUPO TMM AND KCS ANNOUNCE NEW DECISION OF MEXICAN FISCAL COURT DENYING TFM'S
VAT CLAIM. On December 9, 2002, Grupo TMM, S.A. ("Grupo TMM") and Kansas City
Southern, ("KCS"), owners through Grupo Transportacion Ferroviaria Mexicana,
S.A. de C.V. ("Grupo TFM") of the controlling interest in TFM, S.A. de C.V.
("TFM"), announced that the upper chamber of the Federal Tribunal of Fiscal and
Administrative Justice (the "Fiscal Court") has issued a ruling denying TFM's
right to recovery with respect to its value added tax ("VAT") claim from the
Mexican Federal Government. See the Press Release attached hereto as Exhibit
99.1 for further details.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
(c) Exhibits
EXHIBIT NO. DOCUMENT
(99) Additional Exhibits
(99.1 Press Release issued by Kansas City Southern and Grupo TMM
dated December 10, 2002 entitled, "Grupo TMM and KCS Announce
New Decision of Mexican Fiscal Court Denying TFM's VAT
Claim," is attached hereto as Exhibit 99.1
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Company
has duly caused this Report to be signed on its behalf by the undersigned
hereunto duly authorized.
Kansas City Southern
Date: December 10, 2002 By: /S/ LOUIS G. VAN HORN
------------------------------------
Louis G. Van Horn
Vice President and Comptroller
(Principal Accounting Officer)
EXHIBIT 99.1
GRUPO TMM COMPANY CONTACT: AT DRESNER CORPORATE SERVICES:
Jacinto Marina, Chief Financial Officer Kristine Walczak (general
011-525-55-629-8790 investors, analysts and media)
jacinto.marina@tmm.com.mx 312-726-3600)
kwalczak@dresnerco.com
Brad Skinner, Senior Vice President
Investor Relations
011-525-55-629-8725
brad.skinner@tmm.com.mx
Luis Calvillo, Executive Vice President
And Media Relations
011-525-55-629-8758
luis.calvillo@tmm.com.mx
KCS COMPANY CONTACT:
Ronald Russ, Senior Vice President and Chief Financial Officer
816-983-1702
ronald.g.russ@kcsr.com
William H. Galligan, Assistant Vice President
816-983-1551
william.h.galligan@kcsr.com
FOR IMMEDIATE RELEASE MONDAY, DECEMBER 9, 2002
GRUPO TMM AND KCS ANNOUNCE NEW DECISION OF MEXICAN FISCAL COURT
DENYING TFM'S VAT CLAIM
MEXICO CITY, DECEMBER 9, 2002 - GRUPO TMM, S.A. ("GRUPO TMM") (NYSE:
TMM) AND KANSAS CITY SOUTHERN ("KCS") (NYSE: KSU), owners of the
controlling interest in TFM, S.A. de C.V. (TFM), announced that the
upper chamber of the Federal Tribunal of Fiscal and Administrative
Justice (the "Fiscal Court") has issued a ruling denying TFM's right to
receive a value added tax (VAT) refund from the Mexican Federal
Government. TFM has not yet received the decision of the Fiscal Court
and, therefore, cannot comment on the specific reasoning behind the
Fiscal Court's decision. The companies intend to review the decision
once it is served upon TFM, and to take all legal steps necessary to
protect the interests of the companies' shareholders. Based on the
advice of TFM's legal counsel, who have carefully reviewed the prior
favorable decision of the appellate court, the partners remain
confident of TFM's right under Mexican law to receive the VAT refund.
Headquartered in Mexico City, Grupo TMM is Latin America's largest
multimodal transportation company. Through its branch offices and
network of subsidiary companies, Grupo TMM provides a dynamic
combination of ocean and land transportation services. Grupo TMM also
has a significant interest in Transportacion Ferroviaria Mexicana
(TFM), which operates Mexico's Northeast railway and carries over 40
percent of the country's rail cargo. Visit Grupo TMM's web site at
www.grupotmm.com.mx and TFM's web site at www.tfm.com.mx. Both sites
offer Spanish/English language options.
KCS is a transportation holding company that has railroad investments
in the United States, Mexico, and Panama. Its primary holding is Kansas
City Southern Railway. Headquartered in Kansas City, Missouri, KCS
serves customers in the central and south central regions of the U.S.
KCS's rail holdings and investments are primary components of a NAFTA
Railway system that links the commercial and industrial centers of the
United States, Canada, and Mexico.
Included in this press release are certain forward-looking statements
within the meaning of Section 27A of the Securities Act of 1933, as
amended, and Section 21E of the Securities Exchange Act of 1934, as
amended. Such forward-looking statements are based on the beliefs of
the Companies' managements as well as on assumptions made. Actual
results could differ materially from those included in such
forward-looking statements. Readers are cautioned that all
forward-looking statements involve risks and uncertainty. The following
factors could cause actual results to differ materially from such
forward-looking statements: global, US and Mexican economic and social
conditions; the effect of the North American Free Trade Agreement on
the level of US-Mexico trade; the condition of the world shipping
market; the success of the Companies' investment in TFM, S.A. de C.V.
and other new businesses; risks. These risk factors and additional
information are included in Grupo TMM's and KCS' reports on file with
the Securities and Exchange Commission.