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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 11-K
     
þ   ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the Fiscal Year Ended December 31, 2006
OR
     
o   TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition period from __________ to __________
Commission File No. 1-9195
KB HOME 401(k) SAVINGS PLAN
(Full title of the plan)
KB HOME
10990 Wilshire Boulevard
Los Angeles, California 90024
(Name of issuer of the securities held pursuant to the plan
and the address of its principal executive office)
 
 

 


 

Financial Statements and Supplemental Schedule
KB Home 401(k) Savings Plan
Years ended December 31, 2006 and 2005

 


 

KB Home 401(k) Savings Plan
Financial Statements and Supplemental Schedule

Years ended December 31, 2006 and 2005
Contents
         
    1  
Audited Financial Statements
       
    2  
    3  
    4  
       
    8  

 


 

Report of Independent Registered Public Accounting Firm
The Administrative Committee, as Plan Administrator
of the KB Home 401(k) Savings Plan
We have audited the accompanying statements of net assets available for benefits of the KB Home 401(k) Savings Plan (the Plan) as of December 31, 2006 and 2005, and the related statements of changes in net assets available for benefits for the years then ended. These financial statements are the responsibility of the Plan’s management. Our responsibility is to express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. We were not engaged to perform an audit of the Plan’s internal control over financial reporting. Our audits included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Plan’s internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, and evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of the Plan at December 31, 2006 and 2005, and the changes in its net assets available for benefits for the years then ended, in conformity with U.S. generally accepted accounting principles.
Our audits were performed for the purpose of forming an opinion on the financial statements taken as a whole. The accompanying supplemental schedule of assets (held at end of year) as of December 31, 2006, is presented for purposes of additional analysis and is not a required part of the financial statements but is supplementary information required by the Department of Labor’s Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. This supplemental schedule is the responsibility of the Plan’s management. The supplemental schedule has been subjected to the auditing procedures applied in our audits of the financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole.
/s/ Ernst & Young LLP
Los Angeles, California
May 11, 2007

1


 

KB Home 401(k) Savings Plan
Statements of Net Assets Available for Benefits
                 
    December 31,  
    2006     2005  
     
Assets
               
 
               
Cash
  $ 161,507     $ 298,965  
Investments, at fair value
    192,254,279       173,663,774  
Receivables
    6,488       5,201  
     
Total assets
    192,422,274       173,967,940  
     
 
               
 
Liabilities
               
 
Administrative expenses payable
    4,636       7,739  
     
Total liabilities
    4,636       7,739  
     
 
Net assets available for benefits
  $ 192,417,638     $ 173,960,201  
     

See accompanying notes.

2


 

KB Home 401(k) Savings Plan
Statements of Changes in Net Assets Available for Benefits
                 
    Years ended December 31,  
    2006     2005  
     
Additions
               
 
               
Contributions from:
               
Plan participants
  $ 25,944,699     $ 23,027,992  
Employer, net of forfeitures
    10,990,299       10,316,397  
     
 
    36,934,998       33,344,389  
 
               
Investment income:
               
Interest and dividends
    14,524,330       5,176,227  
Net appreciation (depreciation) in fair value of investments
    (5,035,159 )     13,691,133  
     
 
    9,489,171       18,867,360  
Assets transferred into the Plan
          649,520  
     
Total additions
    46,424,169       52,861,269  
 
               
Deductions
               
 
               
Benefits paid to participants
    27,900,295       18,397,800  
Administrative expenses
    66,437       43,335  
     
Total deductions
    27,966,732       18,441,135  
     
Net increase in net assets available for benefits
    18,457,437       34,420,134  
 
               
Net assets available for benefits
               
 
Beginning of year
    173,960,201       139,540,067  
     
 
               
End of year
  $ 192,417,638     $ 173,960,201  
     

See accompanying notes.

3


 

KB Home 401(k) Savings Plan
Notes to Financial Statements
December 31, 2006
1. General Description of the Plan
The KB Home 401(k) Savings Plan (the Plan), formerly the Kaufman and Broad Home Corporation Amended and Restated 401(k) Savings Plan, is a defined contribution plan in which all eligible employees of KB Home (the Company) are eligible to participate on the first day of the month following the date of hire.
Eligible employees who elect to participate in the Plan (each, a Participant) may contribute up to 15% of their annual compensation (25% effective January 1, 2007), on a pretax basis, by means of payroll deduction. Participants may also contribute up to an additional 15% of their annual compensation, on an after-tax basis, also by means of payroll deduction. All contributions must be in whole percentages. Pretax contributions are eligible for tax deferred treatment up to the limits provided by the Tax Reform Act of 1986, as adjusted for cost of living.
Effective as of August 1, 2003, each Participant whose designated per payroll period contribution rate is at least 6%, who has attained (or will attain) age 50 before the close of a Plan year and whose contributions for the Plan year will exceed the limits of Internal Revenue Code (the Code) Section 402(s) or other Plan limit, is eligible to make a catch-up contribution in accordance with, and subject to the limitations of, Code Section 414(v).
Unless otherwise elected by the Board of Directors, the Company will match a Participant’s pretax contribution up to 6% of annual eligible compensation (for Participants paid on a commission basis, matching eligible compensation shall not exceed $50,000). Company matching contributions and related investment income vest to Participants over five years.
Plan assets are held in trust by Fidelity Management Trust Company, Inc. (the Trustee). Participants may direct the investment of their contributions among one or more of the several fund options offered by the Plan.
Participants who terminate their employment with the Company may elect to withdraw or rollover their contributions, vested Company contributions, and related investment income. Withdrawals or rollovers (to a separate defined contribution plan or individual retirement account) may be processed without a terminated Participant’s consent if the Participant’s vested benefits total less than $5,000. Vested benefits totaling $1,000 or less will be distributed as a lump-sum payment, and vested benefits totaling more than $1,000 but less than $5,000 will be rolled into an individual retirement account. Terminated Participants may keep vested benefits totaling $5,000 or more in the Plan.

4


 

KB Home 401(k) Savings Plan
Notes to Financial Statements (continued)
December 31, 2006
1. General Description of the Plan (continued)
Unvested Company contributions for terminated Participants are forfeited and used by the Company to offset future matching contributions. For the years ended December 31, 2006 and 2005, the Company used $1,936,723 and $1,511,312, respectively, of forfeitures to offset matching contributions. The forfeiture balances available to offset future matching contributions were $952,344 and $488,357 at December 31, 2006 and 2005, respectively.
The Plan allows Participants to borrow against their vested benefits and to take hardship withdrawals subject to certain limitations.
In the event of Plan termination, benefits of all affected Participants, if not already so, shall become 100% vested and not subject to forfeiture.
On February 8, 2005, the assets from the PTH Holdings, LLC 401(k) Retirement Plan were transferred into the Plan in conjunction with the acquisition of Palmetto Traditional Homes.
2. Summary of Significant Accounting Policies
The financial statements of the Plan are prepared on an accrual basis. Investment income is recorded as earned. Distributions of Plan benefits to Participants who withdraw from the Plan are recorded when distributed. Certain administrative expenses of the Plan, such as recordkeeping fees, are paid directly by the Company, while other administrative expenses, such as loan administration and withdrawal fees and fees related to the unitized stock fund, are paid directly by Plan participants.
The financial statements are based on information provided to the Company and are certified as complete and accurate by the Trustee. Certain adjustments have been made to the financial statements provided by the Trustee in order for them to conform to the accrual basis of accounting. The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that could affect the amounts reported in the financial statements and accompanying notes. Actual results could differ from those estimates.

5


 

KB Home 401(k) Savings Plan
Notes to Financial Statements (continued)
December 31, 2006
3. Investments
Investments are valued at fair value, which is determined daily by the Trustee through reference to published market information using closing prices on the valuation date for mutual funds and common stock and based on closing balances for cash and participant loans.
The fair value of the Plan’s individual investments that represent 5% or more of the Plan’s net assets as of December 31, 2006 and 2005, were as follows:
                 
    December 31,  
    2006     2005  
     
Fidelity Contrafund
  $ 22,440,334     $ 20,837,284  
Fidelity Equity Income
    15,587,851       13,025,632  
Fidelity Intermediate Bond
    10,430,981       9,062,202  
Fidelity Low-Priced Stock
    13,930,586       15,092,335  
Fidelity Magellan
    18,493,129       18,644,166  
Fidelity Retirement Money Market
    16,866,934       14,225,919  
KB Home common stock
    18,871,912       29,428,608  
Net appreciation (depreciation) of the Plan’s investments (including investments bought, sold, and held during the year) for the years ended December 31, 2006 and 2005, were as follows:
                 
    Years ended  
    December 31,  
    2006     2005  
     
Mutual funds
  $ 3,596,073     $ 6,097,874  
KB Home common stock
    (8,631,232 )     7,593,259  
     
Total
  $ (5,035,159 )   $ 13,691,133  
     
4. Tax Status of the Plan
The Plan has received a determination letter from the Internal Revenue Service dated February 28, 2002, stating that the Plan is qualified, in form, under Code Section 401(a) and, therefore, the related trust is exempt from taxation. Once qualified, the Plan is required to operate in conformity with the Code to maintain its qualification. The Plan administrator

6


 

KB Home 401(k) Savings Plan
Notes to Financial Statements (continued)
December 31, 2006
4. Tax Status of the Plan (continued)
believes the Plan is being operated in compliance with the applicable requirements of the Code and, therefore, believes that the Plan is qualified and the related trust is tax exempt.
5. Legal Matter
Bagley, et al., v. KB Home, et al.
On March 16, 2007, the plaintiffs, who claim to be former employees of KB Home who participated in the Plan, filed this class action lawsuit against the Company, certain of its current and former officers and directors, and members of the KB Home 401(k) Savings Plan Administrative Committee. In the lawsuit, plaintiffs allege that defendants breached fiduciary duties owed to plaintiffs and the purported class members under the Employee Retirement Income Security Act of 1974 by failing to disclose information, and providing other misleading information, to Participants in the Plan about the Company’s alleged prior stock option backdating practices. Plaintiffs also allege that defendants breached their fiduciary duties by failing to remove the Company’s stock as an investment option under the Plan. The Plan itself is not named as a defendant. The outcome of the matter, if any, is unknown, but it is not expected to have a material impact on the net assets of the Plan.
6. Reclassifications
Certain amounts in the 2005 financial statements have been reclassified to conform to the 2006 presentation.

7


 

Supplemental Schedule

 


 

KB Home 401(k) Savings Plan
EIN: 95-3666267 Plan Number: 001
Schedule H, Line 4(i) — Schedule of Assets (Held at End of Year)
December 31, 2006
                 
    Description of     Current  
Identity of Issue   Asset     Value  
 
Mutual Funds:
               
American Beacon Small Cap Value
  211,512,574 shares   $ 4,575,017  
Dimension US Large Cap Value
  154,491.274 shares     3,900,905  
Fidelity Asset Manager*
  468,905.485 shares     7,554,067  
Fidelity Consumer Discretionary*
  16,780.035 shares     439,637  
Fidelity Contrafund*
  344,176.895 shares     22,440,334  
Fidelity Equity Income*
  266,231.439 shares     15,587,851  
Fidelity Financial*
  12,714.973 shares     1,508,377  
Fidelity Freedom Income*
  45,168.871 shares     521,249  
Fidelity Freedom 2000*
  25,909.487 shares     322,832  
Fidelity Freedom 2010*
  140,238.658 shares     2,050,289  
Fidelity Freedom 2020*
  248,782.330 shares     3,863,590  
Fidelity Freedom 2030*
  189,949.726 shares     3,044,894  
Fidelity Freedom 2040*
  284,425.009 shares     2,696,349  
Fidelity Healthcare*
  18,312.397 shares     2,290,148  
Fidelity Industrials*
  47,160.431 shares     965,374  
Fidelity Intermediate Bond*
  1,016,664.785 shares     10,430,981  
Fidelity Low-Priced Stock*
  319,949.139 shares     13,930,586  
Fidelity Magellan*
  206,580.981 shares     18,493,129  
Fidelity Natural Resources*
  124,251.937 shares     3,461,659  
Fidelity Overseas*
  164,073.543 shares     7,350,495  
Fidelity Retirement Money Market*
  16,866,933.620 shares     16,866,934  
Fidelity Technology*
  23,142.638 shares     1,571,154  
Fidelity Utilities Growth*
  24,767.971 shares     1,372,393  
Legg Mason Partners Aggressive Growth
  77,472.150 shares     8,960,429  
Managers Fremont Institutional Micro-Cap
  37,457.414 shares     534,517  
Spartan US Equity Index*
  111,351.701 shares     5,587,628  
Templeton Developing Markets A
  285,562.340 shares     8,075,703  
KB Home Stock Fund:
               
KB Home common stock*
  368,071.00 shares     18,871,912  
Fidelity — Cash*
            877,685  
Participant loans*
            4,108,161  
Interest rates ranging from 4.0% to 10.5% with maturity dates through 2021
               
 
             
 
          $ 192,254,279  
 
             
*Party-in-interest to the Plan.

8


 

SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the trustees (or other persons who administer the employee benefit plan) have duly caused this annual report to be signed on its behalf by the undersigned hereunto duly authorized.
         
  KB Home
401 (k) Savings Plan
 
 
Dated: June 22, 2007  By:   /s/ DOMENICO CECERE    
    Domenico Cecere   
    Executive Vice President and Chief Financial Officer   

9


 

         
EXHIBIT INDEX
             
Exhibit No.   Description   Sequentially
Numbered Page
23.1
  Consent of Independent Registered Public Accounting Firm     12  

10