@fanfare
From my understanding of the limited facts, the reason for the $95k loss is the result of the wash sale rules. So in fact, the OP does have the shares by reacquiring them.
The $95k loss gets realized by adjusting the basis of the "new" shares acquired during the 61 day wash sale period.
This is a big deal for those who day trade and don't keep track of stocks that are sold at a loss, then reacquired thinking the stock has bottomed out and will grow; AND this happens to straddle the end of the year.
Just too many unknowns to work through in order to provide much more assistance.
*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.
