The U.S. Court of Appeals for the Fifth Circuit has decided that the entire amount of a separation severance payment given to a taxpayer upon termination of employment is taxable as income. The payment was made in conjunction with a separation and release agreement signed contemporaneously with termination of employment. The employee urged excludability under IRC Section 104(a)(2), but that section deals with damages for personal injury and requires the existence of a justiciable claim and an express settlement of such claim. Ball v. Commissioner, Case No. 98-60263 (5th Cir., December 31, 1998), was reported by BNA.