prior to such conservatorship or receivership, and (ii) with respect to the taxable year in which the excluded profits were received, whose adjusted gross income (reduced by the amount of such excluded profits) for such taxable year was greater than $250,000. (B) Excluded profits (i) In general The term excluded profits means, with respect to any applicable individual for any taxable year— (I) any payment in the nature of a bonus which is paid— (aa) after March 1, 2023, and (bb) by any insured depository institution within the 60-day period prior to the date on which the Federal Deposit Insurance Corporation was appointed conservator or receiver for such institution, or (II) any profit made by such applicable individual from the sale of any security of the insured depository institution that employs such applicable individual, if that sale occurs not more than 60 days before the date on which the Federal Deposit Insurance Corporation is appointed conservator or receiver with respect to the insured depository institution. (ii) Controlled groups (I) In general For purposes of clause (i), all persons treated as a single employer under subsection (a) or (b) of section 52 or under subsection (m) or (o) of section 414 shall be treated as one person. (II) Inclusion of foreign corporations For purposes of subclause (I), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. (C) Executive officer The term executive officer means, with respect to any insured depository institution, its president, any vice president of such institution in charge of a principal business unit, division or function (such as sales, administration or finance), any other officer who performs a policy making function or any other person who performs similar policy making functions for such institution. Executive officers of subsidiaries may be deemed executive officers of such institution if they perform such policy making functions for such institution. (D)