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NEW YORK ( TheStreet) --With the fiscal cliff adverted, at least for now, and the markets rallying on the news, should investors be joining the party? Jim Cramer told Lindsey Bell at TheStreet.com Monday that he is not buying into the rally. Cramer said the important takeaways from the latest budget deal are that, first, capital gains and dividend taxes will remain at reasonable levels, and, second, the markets now have at least a little certainty going forward. That said, Cramer noted earnings may be somewhat disappointing this quarter, and as a general rule he's never a buyer into 2% or 3% market rally. Instead, Cramer said he's using the market's recent strength to tidy up his charitable trust,