- 9 - inclusion in Marta's income in that year. For the reasons which follow, we agree with the position espoused by both Norman and respondent in their respective briefs. In determining the substantive content of local judicial action under these circumstances, this Court looks to applicable local law. Taylor v. Commissioner, supra at 1138. In that connection, Marta points to section 664 of the California Code of Civil Procedure (West 1987), which provides that "In no case is a judgment effectual for any purpose until entered." Marta also relies on rule 232, California Court Rules (West 1996), which states that a tentative decision is not a judgment, and "shall not be binding on the court." Since the Judgment was not entered until June 9, 1992, Marta maintains that nothing required Norman to make the contested payments. Although we do not dispute the law that Marta has brought to our attention, we do not think it dispositive of the issue before us. Section 577 of the California Code of Civil Procedure (West 1976) defines a judgment as the "final determination of the rights of the parties in an action or proceeding." However, a judgment is not the only type of decree sufficient for purposes of section 71(b)(2)(C). A decree for support under section 71(b)(2)(C) includes "any type of court order or decree, including an interlocutory decree of divorce or a decree of alimony pendente lite", requiring one spouse to make payments for the other spouse's support or maintenance. Sec. 1.71-1(b)(3),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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