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): September 17, 2004 PENN OCTANE CORPORATION (Exact name of registrant as specified in its charter) Delaware 000-24394 52-1790357 (State of (Commission (IRS Employer Incorporation) File Number) Identification No.) 77-530 Enfield Land, Bldg D Palm Desert, California 92211 (Address of principal executive offices) (Zip Code) (760) 772-9080 (Registrant's telephone number, including area code) N/A (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 (see General Instruction A.2. below): [ ] 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)) Page 1 of 6 Item 8.01. Other Events On September 17, 2004, Penn Octane Corporation issued a press release regarding the declaration of effectiveness by the Securities and Exchange Commission of a registration statement on Form 10 filed by Rio Vista Energy Partners L.P. and the expected completion date of the proposed spin-off of the common units of Rio Vista Energy Partners L.P. to stockholders of Penn Octane Corporation. The press release is attached hereto as Exhibit 99.1 and incorporated herein by reference. Item 9.01. Financial Statements And Exhibits (c) Exhibits 99.1 Press release dated September 17, 2004 Page 2 of 6 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. PENN OCTANE CORPORATION By: /s/ Ian T. Bothwell ------------------------- Name: Ian T. Bothwell Title: Vice President, Treasurer, Assistant Secretary, Chief Financial Officer and Principal Accounting Officer Date: September 20, 2004 Page 3 of 6 EXHIBIT INDEX Exhibit No. Description Page No. - ------------ ----------- --------- 99.1 Press Release dated September 17, 2004 5 Page 4 of 6