Can I claim the loss of 19,000

[Gatormom99]

for a deeded time share that I had to give up after my husband died. It was a 19000 loss - how do I claim it?

[Bsch4477]

Generally the IRS considers time shares personal property and therefore not eligible for a capital loss deduction.  However if it was used as rental property a loss is allowed. 

A timeshare will qualify as a rental only timeshare if (1) it is rented at fair market value to unrelated parties for 15 days or more during the year, and (2) the owners do not personally use the timeshare for more than 14 days per year or 10% of the total days rented, whichever is greater.

[Anonymous]

another issue is that if your deceased husband was on the deed and you were not when you inherited it the value to use if the loss is deductible is its fair market value on the date of death which likely would be far less than $19,000