       NOTE: This disposition is nonprecedential.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
