Michael J. Mostowy and Josephine Mostowy v. The United States

The Mostowys appeal the judgment of the United States Claims Court dismissing their suit for failure to state a claim. The appellants seek a refund on their 1988 federal income taxes, based upon an allegedly unlawful disallowance of a capital gains deduction. The Mostowys contend that income from a coal lease on their farmland was entitled to the capital gains preference provided under a “grandfather” clause in the 1986 Tax Reform Act, Pub.L. No. 99-514, 100 Stat. 2085 (1986), which retained capital gains treatment during a transition period for dairy farmers.

Section 301 of the 1986 Act, 100…