If the remaining balance of the account is withdrawn and your total investment in the account has not been recovered, you can take the loss. However, it is claimed only as a miscellaneous itemized deduction subject to the 2% of adjusted gross income floor on Schedule A of Form 1040.
An amount of gain on the sale of certain depreciable property that is treated as ordinary income in the case of personal property. Recapture is computed on Form 4797.