Derek W. Kaczmarek

Top rated Tax attorney in Scottsdale, Arizona

Kaczmarek & Jojola, PLLC
Derek W. Kaczmarek
Kaczmarek & Jojola, PLLC

Practice Areas: Tax; view more

Licensed in Arizona since: 2011

Education: Indiana University Maurer School of Law

Selected to Super Lawyers: 2020 - 2024

Kaczmarek & Jojola, PLLC

10229 N 92nd St
Suite 103
Scottsdale, AZ 85258 Visit website


Derek W. Kaczmarek is a premier tax controversy attorney serving the residents of Arizona and Nevada, as well as nationwide, in a wide variety of tax law matters, such as alleged tax fraud and the Internal Revenue Service (IRS) delinquency cases. He represents individuals, businesses and estates against the IRS, as well as various state government organizations. He is a partner at Kaczmarek & Jojola, PLLC, in Scottsdale, Arizona, and holds himself to a high standard when fighting for his clients.

A former attorney at the IRS for over seven years, Mr. Kaczmarek is intimate with the inner workings of the organization and uses the knowledge he gained working for the federal government to help his clients fight for their rights and the earnings they’ve worked so hard to attain. Having practiced numerous times before the United States Tax Court, he is no stranger to pressure situations and uses innovative ideas to get the upper hand for his clients. His understanding of U.S. tax law is peerless within his legal community, and he has been lauded by many prestigious legal organizations for his contributions, including:

  • Being peer-review rated AV Preeminent* through Martindale-Hubbell
  • Holding a perfect “10.0” rating on Avvo, along with many positive testimonials
  • Acknowledgment of the IRS Office of Chief Counsel, awarding him with the Cube Award
  • Recognized as one of The Best Lawyers in America for his work in tax controversy and litigation

A 1997 B.A. degree graduate of DePauw University, Mr. Kaczmarek went on to attend the Indiana University Bloomington Maurer School of Law, where he was the article editor for the Indiana Journal of Global Legal Studies. Receiving his Juris Doctor cum laude in 2003, he furthered his knowledge by enrolling at the New York University School of Law and obtaining his LL.M. degree in tax law in 2005. First licensed to practice in Indiana and Illinois, he became licensed to practice in Arizona in 2011 and, a year later, in Nevada.

A reputable figure of leadership within his legal community, Mr. Kaczmarek keeps busy with memberships in a plethora of prominent legal organizations, including the Western States Bar Association (Arizona representative) and the State Bar of Arizona (SBA). In the latter organization, he has served in pivotal roles such as the chair, vice chair, chief budget officer, secretary and tax court liaison for the Tax Section. Furthermore, he is certified in tax law by the SBA Board of Legal Specialization, where he also serves as a commission member of its Tax Advisory Committee.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.

Practice areas

Tax: Business, Tax: Consumer

Focus areas

Tax Law

  • 60% Tax: Business
  • 40% Tax: Consumer

First Admitted: 2004, Illinois

Professional Webpage:

Verdicts/Settlements (Case Results):
  • Caylor Land & Development, Inc. v. Commissioner, T.C. Memo. 2021-30
  • Vickrey v. U.S., 484 F.Supp. 3d 884 (S.D. CA, 2020)
  • Edward Anthony & Maureen Helena Purvis v. Commissioner, T.C. Memo. 2020-13, 2020
  • Vickrey v. United States, 2020 U.S. Dist. LEXIS 162430., 2020
  • Estate of Howard Moore v. Commissioner, T.C. Memo. 2020-40, 2020
  • David Bruner v. Commissioner, T.C. Memo. 2018-10, 2018
  • Pimpleton v. Commissioner, T.C. Summary 2007-17, 2007
  • Nirav Babu v. Commissioner, T.C. Memo. 2020-121, 2020
  • Estate of Evenchik v. Commissioner, T.C. Memo 2013-34, 2013
  • Kline v. Commissioner, T.C. Memo. 2015-144, 2015
  • Ellington v. Commissioner, T.C. Memo 2011-193, 2011
  • Ernle v. Commissioner, T.C. Memo 2010-237, 2010
  • Ayala v. Commissioner, T.C. Summary 2007-59, 2007
  • Rainbow Tax Service, Inc. v. Commissioner, 128 T.C. No. 5, 2007
  • Fain v. Commissioner, 129 T.C. No. 11, 2007
  • Steinberg v. Commissioner, T.C. Memo 2006-217, 2006
  • Dominguez v. Commissioner, T.C. Memo 2011-281, 2011
  • Jones v. Commissioner, 146 T.C. No. 3, 2016
  • Abdi v. Commissioner, T.C. Summary 2010-175, 2010
  • Crum v. Commissioner, T.C. Memo 2008-216, 2008
  • Kaldi v. Commissioner, T.C. Summary 2007-45, 2007
  • Geyer & Wildeuer v. Commissioner, T.C. Summary 2013-90, 2013
  • Estate of Giovacchini v. Commissioner, T.C. Memo 2013-27, 2013
  • Slone v. Commissioner, T.C. Memo. 2016-115, 2016
  • Bell v. Commissioner, T.C. Memo 2011-152, 2011
  • Fairlamb v. Commissioner, T.C. Memo 2010-22, 2010
  • Ayala v. Commissioner, T.C. Summary 2007-60, 2007
Educational Background:
  • LL.M. in Taxation - New York University, 2004
Scholarly Lectures/Writings:
  • Presentation regarding IRS Form 1099-K, IRS Global High Wealth Industry Group and other recent developments., Speaker, Recent IRS Audit Developments, Tucson Tax Study Group, 2013
  • Discussed the 831(b) captive insurance opinion of Avrahami v. Commissioner and other recent trials involving captives., Speaker, Avrahami v. Commissioner, Gazing into the Crystal Ball, Tennessee Captive Insurance Association Annual Conference, 2017
  • Reviewed recent U.S. Tax Court opinions pertaining to 831(b) captive insurance and predicted future developments in the courts., Speaker, Captive Insurance and the U.S. Tax Court, Delaware Captive Insurance Association - Spring 2018 Forum, 2018
  • Discussed the Tax Court's most recent opinions in captive insurance cases as well as the latest IRS actions in audits, IRS Appeals, and US Tax Court., Speaker, Micro-Captive Insurance and the IRS, State Bar of Arizona, 2017
  • Discussed practices of micro-captive insurance companies, comparing and contrasting 831(b) captives to commercial insurance companies' operations., Speaker, Commonly Accepted Insurance Practices: Small Captives' Practices Compared to Commercial Insurance, Captive Insurance Companies Association 2019 International Conference, 2019
  • Presentation regarding tax litigation in US Tax Court and District Courts., Speaker, Present Tax Controversies: Navigating the Process, UNLV CLE Program, 2013
  • Presentation regarding use of appraisers in US Tax Court valuation cases., Speaker, Effective Use of Expert Witnesses in US Tax Court, American Society Of Appraisers, Los Angeles Chapter, 2012
  • A discussion of the IRS's audits and litigation of micro-captive insurance arrangements under IRC 831(b)., Author, IRS's Attack on 831(b) Captive Insurance, Nevada Lawyer, 2016
  • A presentation regarding litigation in the U.S. Tax Court, including best practices., Speaker, Nuts & Bolts of Tax Court Litigation, American Bar Association, 2016
Special Licenses/Certifications:
  • Certified Tax Law Specialist - Arizona Board of Legal Specialization, 2018
  • Certified Tax Law Specialist - Arizona Board of Legal Specialization, 2013
Bar/Professional Activity:
  • Elected Chair of the Tax Section of the State Bar of Arizona, 2018
  • Elected Chair-Elect of the Tax Section of the State Bar of Arizona, 2017
  • Elected to Board of Directors of the Scottsdale Bar Association, 2013
  • Immediate Past Chairman - Tax Section, State Bar of Arizona, 2019
  • Elected Secretary of State Bar of Arizona, Tax Section, 2014
  • Arizona Representative to Western States Bar Association, 2012
  • Elected Vice-Chair - State Bar of Arizona, Tax Section, 2016
  • Elected Member-at-Large to Tax Section of State Bar of Arizona, 2012
  • Elected Chief Budget Officer - State Bar of Arizona, Tax Section, 2015
  • Given highest rating by Martindale-Hubbell, AV Peer Rating, Martindale-Hubbell, 2019
  • Best Lawyers in America
  • Super Lawyers: Top Rated Tax Lawyer
  • Litigation award based upon trials in US Tax Court, IRS Litigation Award, IRS, SB/SE Division Counsel, 2011
  • Litigation award based upon Rainbow Tax Service, Inc. v. Commissioner in U.S. Tax Court., Cube Award, IRS, Office of Chief Counsel, 2007
  • AV Peer Rating from Martindale-Hubbell, AV Peer Rating, Martindale-Hubbell, 2013
Industry Groups:
  • Captive Insurance

Office location for Derek W. Kaczmarek

10229 N 92nd St
Suite 103
Scottsdale, AZ 85258

Phone: 725-543-2346


5 Years Super Lawyers
  • Super Lawyers: 2020 - 2024

Certificates and credentials

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