In general, based on what you provide, you would have a capital loss. This is premised on the fact that you don't have any Section 751 property. If you do, then the result would be different.
Let's have a hypothetical example here to explain this concept: If your overall loss is $10,000 but you have $2,500 of Section 751 gain, then you would have $2,500 of ordinary income (reported on form 4797) and then a capital loss of $12,500 (reported as noted previously) which nets to the same $10,000.
For your last question, capital losses are limited to the extent you have capital gain plus $3,000. So using the above example, if you had no other capital gains you would be limited to $3,000 per year. Capital losses carry over indefinitely.
*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.
