Depending on how the funds were contributed, there may be a way to claim the NOL going forward but it's going to be very detailed and you'll need the assistance of a good CPA or Tax Attorney that actually prepares taxes to get it done. And you'll need to get the back taxes caught up as well. Holler if you need assistance.
Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
I agree with Attorney Nielsen, you need assistance with this matter. You should give him a call.
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The basic rules are in Revenue Ruling 2009-9. IRS Information Letter 2009-0154 explains that you will not get a loss unless you have basis in your IRA. Since you converted to a Roth IRA you should have basis, so you should be able to take a loss. We have a lot of experience with Ponzi scheme losses, not just Madoff, but ones in the Pakistani and Korean communities as well.
You also need to be aware of how to treat your Madoff distributions from the estate and whatever money you received that might be subject to a clawback. My firm has people that handle these sorts of matters, but whatever you do please sit down with a tax attorney to handle everything so that the best results are reached on the full picture - not just a snapshot.
The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.