There are some gray areas in the tax code, but this isn't one of them. You write off your basis in a capital loss. There's no legal justification for writing off "lost profits". Trying to do so would just be tax fraud.
Even if that were a thing, the fact that it would cost more to release it than not shows that the profit value is negative.
It’s all gray areas. See my sibling comment about how to write off future profits.