Derek W. Kaczmarek

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Derek W. Kaczmarek: Attorney with Kaczmarek & Jojola PLLC
Attorney Awards
About Attorney Awards

Biography

Derek W. Kaczmarek is partner and co-founder of Kaczmarek & Jojola, a tax litigation firm. His practice includes tax litigation, tax audits, and tax collection. As a tax controversy attorney, he represents individuals, businesses, trusts and estates against the I.R.S. and state/local taxing authorities.

The Tax Section of the State Bar of Arizona elected Mr. Kaczmarek as the chair in 2018. The State Bar of Arizona’s Board of Legal Specialization also recognizes Mr. Kaczmarek as a certified tax law specialist. Mr. Kaczmarek also serves on the State Bar’s Board of Legal Certification.

Mr. Kaczmarek began his tax controversy career as a trial attorney with the I.R.S. in Las Vegas, Nevada in 2005. He ended his government service in 2012 as a senior trial attorney with the I.R.S. in Phoenix, Arizona. During that time, he represented the I.R.S. in hundreds of cases before the United States Tax Court. He served as lead counsel in more than forty U.S. Tax Court trials. He also advised I.R.S. revenue agents and revenue officers in issues ranging from development of criminal cases, seizure of property (including personal residences), conducting a tax fraud audit, innocent spouse cases and international tax issues.

Mr. Kaczmarek discretely and aggressively represents his clients, effectively using his experience as a former government attorney as well as his understanding of IRS and U.S. Tax Court practices and procedures.

Awards

• Super Lawyers: Top Rated Tax Lawyer

• Best Lawyers in America

• Martindale-Hubbell, AV Peer Rating

• State Bar of Arizona, Certified Specialist – Tax Law

• I.R.S. Office of Chief Counsel, Cube Award (litigation of national significance)

• I.R.S. Office of Chief Counsel, SB/SE, Litigation Award

Leadership

• State Bar of Arizona, Tax Section, elected Chairman, 2018 – 2019

• State Bar of Arizona, Tax Section, elected Chair-Elect, 2017 – 2018

• State Bar of Arizona, Tax Section, elected Vice-Chair, 2016 – 2017

• State Bar of Arizona, Tax Section, elected Chief Budget Officer, 2015 – 2016

• State Bar of Arizona, Tax Section, elected Secretary, 2014 – 2015

• State Bar of Arizona, Tax Section, elected Member-at-Large, 2012 – 2014

• Western States Bar Association, Arizona Representative, 2013 – present

• Scottsdale Bar Association, elected member Board of Directors, 2013 – 2014

Areas of Practice (9)

  • Employment Tax
  • Tax Collections
  • I.R.S. Audit
  • Trust Fund Recovery Penalty
  • Innocent Spouse Relief
  • Tax Litigation
  • Captive Insurance
  • Monetized Installment Sale Transactions
  • Yacht Chartering

Education & Credentials

Law School Attended:
Indiana University School of Law, Bloomington, J.D., cum laude, 2003; New York University School of Law, LL.M., Taxation, 2005
Year of First Admission:
2003
Admission:
2003, Indiana; 2004, Illinois; 2011, U.S. Court of Appeals, Ninth Circuit; 2011, U.S. Court of Appeals, Seventh Circuit; 2012, Nevada; 2003, U.S. Tax Court and U.S. District Court, Southern District of Indiana; 2011, Arizona
Birth Information:
Chicago, Illinois, December 4, 1974
Reported Cases:
Published Cases: Caylor Land & Development, Inc. v. Commissioner, T.C. Memo. 2021-30; Vickrey v. U.S., 484 F.Supp. 3d 884 (S.D. CA, 2020); Purvis v. Commissioner, T.C. Memo 2020-13; Estate of Moore v. Commissioner, T.C. Memo. 2020-40; Babu v. Commissioner, T.C. Memo. 2020-121; Bruner v. Commissioner, T.C. Memo. 2018-10; Slone v. Commissioner, T.C. Memo. 2016-115; Jones v. Commissioner, 146 T.C. 39 (2016); Kline v. Commissioner, T.C. Memo. 2015-144; Estate of Giovacchini v. Commissioner, T.C. Memo. 2013-27; Evenchik v. Commissioner, T.C. Memo. 2013-34; Geyer v. Commissioner, T.C. Summary Opinion 2013-90; Bell v. Commissioner, T.C. Memo. 2011-152; Ellington v. Commissioner, T.C. Memo. 2011-193; Dominguez v. Commissioner, T.C. Memo. 2011-281; Fairlamb v. Commissioner, T.C. Memo. 2010-22; Ernle v. Commissioner, T.C. Memo. 2010-237; Abdi v. Commissioner, T.C. Summary Opinion 2010-175; Crum v. Commissioner, T.C. Memo. 2008-216; Rainbow Tax Service v. Commissioner, 128 T.C. 42 (2007); Fain v. Commissioner, 129 T.C. 89 (2007); Pimpleton v. Commissioner, T.C. Summary Opinion 2007-17; Kaldi v. Commissioner, T.C. Summary Opinion 2007-45; Ayala v. Commissioner, T.C. Summary Opinion 2007-59; Ayala v. Commissioner, T.C. Summary Opinion 2007-60; Steinberg v. Commissioner, T.C. Memo. 2006-217
Certifications:
Certified Specialist in Tax Law Arizona Board of Legal Specialization
ISLN:
917485259

Peer Reviews

4.9/5.0 (11 reviews)
Martindale-Hubbell® AV Preeminent Rating Badge
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

    4.9/5.0
  • Communication

    4.9/5.0
  • Legal Experience

    4.9/5.0
  • 5.0/5.0 Rated by a Managing Partner on 05/23/13 in Tax Law

    Mr. Kaczmarek is one of the most brilliant attorneys I have had the privelage to know. I have and will continue to refer clients as I know they will get the very best help possible.

  • 5.0/5.0 Rated by a Partner on 04/15/13 in Tax Controversies

    Derek is a very intelligent and practical tax attorney with prior IRS experience. Additionally, he has been an insightful and dependable colleague in the Arizona tax community.

  • 5.0/5.0 Rated by a Managing Partner on 05/01/13 in Tax Law

  • 5.0/5.0 Rated by a Associate on 04/28/13 in Tax Controversies

  • 5.0/5.0 Rated by a Other Law Firm Position on 04/26/13 in Tax Controversies

    Mr. Kaczmarek is of the highest ethical standards and legal ability.

  • 5.0/5.0 Rated by a Member on 04/23/13 in Tax Controversies

  • 5.0/5.0 Rated by a Partner on 04/15/13 in Tax Appeals

  • 5.0/5.0 Rated by a Sole Practitioner on 04/15/13 in Tax Controversies

  • 5.0/5.0 Rated by a Associate on 04/15/13 in Tax Controversies

  • 5.0/5.0 Rated by a Associate on 04/15/13 in Tax Law

Peer reviews submitted prior to 2008 are not displayed.

Other Legal Directories

Avvo Client Review
5.0/5.0 (10 reviews)
Lawyers Client Review
5.0/5.0 (2 reviews)
 Client Champion

Derek is one of the best lawyers I have ever had the pleasure to work with. My bank account was being levied and I had a tax debt going going back to 1999 and 2000 in excess of 170K and was in despera...

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