Common use of Taxability of Benefit Clause in Contracts

Taxability of Benefit. The Executive and Yellow understand and agree that for federal tax purposes, all supplemental retirement benefits paid under this agreement to the Executive or his spouse shall be treated as ordinary income under the applicable provisions of the Internal Revenue Code of 1986, as amended, and are subject to any taxes required to be withheld by federal, state or local law; provided that the Executive shall have the right to determine the timing of any withholding within the parameters permitted under the Code and under any Regulations or proposed Regulations under Code Section 3121(v) or any successor thereto.

Appears in 4 contracts

Samples: Employment Agreement (Yellow Roadway Corp), Employment Agreement (Yellow Corp), Employment Agreement (Yellow Corp)

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Taxability of Benefit. The Executive and Yellow the Company understand and agree that for federal tax purposes, all supplemental retirement benefits paid under this agreement to the Executive or his spouse shall be treated as ordinary income under the applicable provisions of the Internal Revenue Code of 1986, as amended, and are subject to any taxes required to be withheld by federal, state or local law; provided that the Executive shall have the right to determine the timing of any withholding within the parameters permitted under the Code and under any Regulations or proposed Regulations under Code Section section 3121(v) of the Code or any successor thereto.

Appears in 1 contract

Samples: Supplemental Retirement Income Agreement (Yrc Worldwide Inc)

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Taxability of Benefit. The Executive and Yellow Company understand and agree that for federal tax purposes, all supplemental retirement benefits paid under this agreement to the Executive or his spouse shall be treated as ordinary income under the applicable provisions of the Internal Revenue Code of 1986, as amended, and are subject to any taxes required to be withheld by federal, state or local law; provided that the Executive shall have the right to determine the timing of any withholding within the parameters permitted under the Code and under any Regulations or proposed Regulations under Code Section 3121(v3121 (v) or any successor thereto.

Appears in 1 contract

Samples: Supplemental Retirement Income Agreement (Yellow Corp)

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