Investors certainly have the right to crystallize a loss if that is what their real intention is.
My tax-side response was to the following from mfred.
"My understanding is that you can take a tax loss on fasc without selling the stock since the stock is not sellable and deemed to be currently worthless. However, if the stock were to re-list you would still have your shares, but your purchase price for those shares would be zero. Meaning that if you sold in the future your cost basis for any shares held would be zero."
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.