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Get your taxes done using TurboTax
You can't claim any loss until the case is finally settled and all monies are paid out. That may take years. You might have received some interim amount, you might have made a claim for a certain value, but you can't declare the loss on your tax return until the loss is fully realized—you get all the money you might ever get and there is no more on the way, the court case is closed.
At that point, you have a gain or loss based on the difference between the amount you invested (your cost basis) and the amount realized. Suppose you invested $1000, and at some point the investment was theoretically worth $50,000, and you receive a $500 payout. You have a $500 loss only. Or, suppose you invested $1000, and at some point the investment was theoretically worth $50,000, and you eventually receive $3000. You have a $2000 capital gain, not a loss.