NT 10-Q 1 form_12b-25.htm FORM 12B-25 (NT 10-Q) FOR 01-31-2011

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

 

 

 

 

 

 

 

 

FORM 12b-25

SEC FILE NUMBER

001-34732

 

NOTIFICATION OF LATE FILING

CUSIP NUMBER

600577 10 0

 

(Check one):

 

Form 10-K 

 

Form 20-F 

 

Form 11-K 

Form 10-Q 

 

Form 10-D 

 

Form N-SAR 

 

Form N-CSR

 

 

For Period Ended:

January 31, 2011

 

 

 

 

 

Transition Report on Form 10-K

 

 

 

 

 

Transition Report on Form 20-F

 

 

 

 

 

Transition Report on Form 11-K

 

 

 

 

 

Transition Report on Form 10-Q

 

 

 

 

 

Transition Report on Form N-SAR

 

 

 

 

For the Transition Period Ended:

 

 

 

 

 

Read Instructions (on back page) Before Preparing Form. Please Print or Type.

Nothing in this form shall be construed to imply that the Commission has verified any information contained herein.

 

If the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates:

 

 

PART I — REGISTRANT INFORMATION

 

MILLER PETROLEUM, INC.

Full Name of Registrant

 

n/a

Former Name if Applicable

 

3651 BAKER HIGHWAY

Address of Principal Executive Office (Street and Number)

 

HUNTSVILLE, TENNESSEE 37756

City, State and Zip Code

 



PART II — RULES 12b-25(b) AND (c)

 

If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b), the following should be completed. (Check box if appropriate)

 

 

 

 

 

(a)

The reason described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;

 

(b)

The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or portion thereof, will be filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report or transition report on Form 10-Q or subject distribution report on Form 10-D,or portion thereof, will be filed on or before the fifth calendar day following the prescribed due date; and

 

 

(c)

The accountant’s statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.

 

PART III — NARRATIVE

 

State below in reasonable detail the reasons why Forms 10-K, 20-F, 11-K, 10-Q, 10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period. (Attach extra Sheets if Needed)

 

The registrant requires additional time to complete its financial statements.

 

On March 17, 2011, the Audit Committee of the Board of Directors of Miller Petroleum, Inc. determined that our unaudited consolidated balance sheet at July 31, 2010, and our unaudited consolidated statements of operations and cash flows for the three month period ended July 31, 2010, as well as our unaudited consolidated balance sheet at October 31, 2010, and our unaudited consolidated statements of operations and cash flows for the three and six month periods ended October 31, 2010 could no longer be relied upon as a result of errors in those financial statements. We failed to properly accrete our asset retirement obligations in each of the first two quarters of fiscal 2011. In these periods we also failed to properly record depletion, depreciation and amortization expenses related to leasehold costs, wells and equipment, fixed assets and asset retirement obligations and did not properly record the state tax credits expected from our Alaska operations.

 

Following the decision by Audit Committee to restate the financial statements in the 10-Q filings for the quarters ended July 31, 2010 and October 31, 2010, additional time is needed to complete our financial statements for the period ended January 31, 2011.

 

PART IV — OTHER INFORMATION

 

(1)

Name and telephone number of person to contact in regard to this notification

 

 

PAUL W. BOYD

 

865

 

223-6575

 

(Name)

 

(Area Code)

 

(Telephone Number)

 

(2)

Have all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s) been filed? If answer is no, identify report(s).

Yes 

No 

 

 

 

 

 

(3)

Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?

Yes 

No 

 

 

 

 

If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made. SEE ATTACHED

 

 

 

MILLER PETROLEUM, INC.

(Name of Registrant as Specified in Charter)

 

has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date:

March 18, 2011

 

By:

/s/ PAUL W. BOYD

 

 

 

 

PAUL W. BOYD, CHIEF FINANCIAL OFFICER

 



 

Attachment to Form 12b-25 for Miller Petroleum, Inc. for the period ended January 31, 2011.

 

As a result of increased revenues and operating expenses associated with its operations, the registrant anticipates that its consolidated statement of operations (unaudited) for the three months and nine months ended January 31, 2011 which will be included in the Quarterly Report on Form 10-Q when filed will differ materially from the comparable periods in the prior fiscal year; however, the registrant is not presently able to quantify the amount of such anticipated change as it is still compiling its financial statements.