Daniel C. Noonan - Page 12

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               In contract law, a tender is an offer of performance.  The             
          tender, when properly made, has the effect of placing the other             
          party in default if he refuses to accept it, and the party making           
          the tender may rescind, or sue for breach of contract or for                
          specific performance, where this remedy is available.  The tender           
          must be for full performance at a proper time and place.  It must           
          be timely, unconditional, and in good faith.  If the contract               
          calls for the delivery of some specific thing, actual production            
          of it at the time of tender is not necessary.  Cal. Civ. Proc.              
          Code sec. 1496 (West 1982).  The party must merely be able to               
          produce it and must do so when the offer is accepted.  An offer             
          in writing to pay money or to deliver a written instrument or               
          specific personal property is, if unaccepted, equivalent to                 
          actual production.  Cal. Civ. Proc. Code sec. 2074 (West 1983).             
          Finally, the person to whom tender is made must specify any                 
          objections he may have at the time or defects in form or method             
          are waived.  Cal. Civ. Proc. Code sec. 2076 (West 1983).  See               
          generally, 1 Witkin, Summary of Cal. Law, Contracts, secs. 714,             
          716, and 717, (9th ed. 1987).                                               
               In the instant case, petitioner did everything possible he             
          could do short of placing the money for the tax liability in Mrs.           

          interpretation and enforcement.  Cal. Civ. Proc. Code sec. 1635             
          (West 1985); In re Marriage of Benjamins, 26 Cal. App. 4th 423              

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