"[F]or clawbacks that are effected on a gross (pretax) basis, questions arise as to how the clawback is treated for income tax purposes and what avenues an individual may have for recovering any taxes previously paid on the recouped amount.  ... [T]he answers to these questions are far from straightforward, often counterintuitive, and largely dependent on the facts and circumstances of the original payment and its clawback. As a result, an affected individual's likelihood of being made whole for taxes previously paid on recouped compensation will often need to be critically evaluated by a personal tax advisor."

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