I think what you're saying is that the managing partner left town before paying the accountant to issue final K-1s.  I have seen that happen.  The problem is, how do you know any money was spent on deductible expenses?  The final K-1 might have shown a zero basis but no pass-through loss. 

So it's a trick question.  "Do I claim this as ordinary loss, or capital loss?"  Answer:  maybe neither.