Derek W. Kaczmarek

Top rated Tax attorney in Las Vegas, Nevada

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

Practice Areas: Tax; view more

Licensed in Nevada since: 2012

Education: Indiana University Maurer School of Law

Selected to Super Lawyers: 2020 - 2024

Kaczmarek & Jojola, PLLC

1645 Village Center Cir
Suite 160
Las Vegas, NV 89134 Visit website

Details

Derek W. Kaczmarek, a founding partner at the prominent tax litigation firm Kaczmarek & Jojola, PLLC, based in Scottsdale, Arizona, is a board-certified tax law specialist by the State Bar of Arizona’s Board of Legal Specialization. He dedicates his practice to navigating the complexities of tax litigation, audits and collections.

With a sharp focus on tax controversies, Mr. Kaczmarek advocates for a diverse clientele, including individuals, businesses, trusts and estates, offering robust defense against both the Internal Revenue Service (IRS) and various state and local tax authorities across Nevada and Arizona. His journey in tax law began in 2005 when he joined the IRS as a trial attorney in Las Vegas, Nevada. His tenure with the government concluded in 2012 after serving as a senior trial attorney in Phoenix, Arizona.

Throughout his service, Mr. Kaczmarek skillfully represented the IRS in a multitude of cases before the United States Tax Court, leading over 40 trials and offering guidance on a broad spectrum of issues, from criminal case development and property seizures to tax fraud audits and international tax dilemmas.

Leveraging his rich background as a former government attorney, Mr. Kaczmarek offers discreet yet assertive representation for his clients, backed by a deep comprehension of both IRS and U.S. Tax Court operations. His leadership qualities and profound knowledge of tax law were recognized when he was elected chair of the Tax Section of the State Bar of Arizona in 2018. Additionally, he contributes to the State Bar of Arizona’s Board of Legal Certification.

After receiving his B.A. in history from DePauw University in 1997, Mr. Kaczmarek obtained his J.D. cum laude from Indiana University Bloomington in 2003. He further enhanced his legal education by earning a Master of Laws in taxation from New York University School of Law in 2005. He holds legal licenses in both Arizona (2011) and Nevada (2012).

Mr. Kaczmarek’s excellence in the field is affirmed by a “Superb” rating on Avvo and inclusion in The Best Lawyers in America, alongside an AV Preeminent* peer-review rating through Martindale-Hubbell, underscoring his standing as a distinguished figure in tax law.

*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

Bar/Professional Activity:
  • State Bar of Arizona, Tax Section, elected Chairman, 2018 – 2019
  • State Bar of Arizona, Tax Section, elected Chair-Elect, 2017 – 2018
  • Scottsdale Bar Association, elected member Board of Directors, 2013 – 2014
  • Immediate Past Chairman - Tax Section, State Bar of Arizona, 2019
  • State Bar of Arizona, Tax Section, elected Member-at-Large, 2012 – 2014
  • Western States Bar Association, Arizona Representative, 2013 – present
  • State Bar of Arizona, Tax Section, elected Vice-Chair, 2016 – 2017
  • State Bar of Arizona, Tax Section, elected Member-at-Large, 2012 – 2014
  • State Bar of Arizona, Tax Section, elected Chief Budget Officer, 2015 – 2016
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
Special Licenses/Certifications:
  • Certified Tax Law Specialist - Arizona Board of Legal Specialization, 2018
  • Certified Tax Law Specialist - Arizona Board of Legal Specialization, 2013
Honors/Awards:
  • 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
Educational Background:
  • New York University School of Law – LL.M. (Taxation), 2005
  • Indiana University School of Law, Bloomington – J.D. (Cum Laude), 2003
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
Industry Groups:
  • Captive Insurance

Office location for Derek W. Kaczmarek

1645 Village Center Cir
Suite 160
Las Vegas, NV 89134

Phone: 725-543-2346

Selections

5 Years Super Lawyers
  • Super Lawyers: 2020 - 2024

Certificates and credentials

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