NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ EDWARD A. BRINSKELE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.. ____________________ 2010-5015 ______________________ Appeal from the United States Court of Federal Claims in Case No. 02-CV-911, Judge Nancy B. Firestone. ______________________ JUDGMENT ______________________ WILLIAM E. TAGGART, JR., Taggart and Hawkins, of Oakland, California, argued for plaintiff-appellant.

ELLEN PAGE DELSOLE, Attorney, Tax Division, Appellate Section, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were JOHN A. DICICCO, Acting Assistant Attorney General, and TERESA E. MCLAUGHLIN, Attorney. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (NEWMAN, LOURIE, and BRYSON, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

October 18, 2010 /s/ Jan Horbaly Date Jan Horbaly Clerk