Mr. Derek Kaczmarek is Of Counsel to Dana Whiting Law for IRS Tax Controversy. He is the co-founder of tax litigation firm Kaczmarek & Jojola. Prior to forming his own firm, Mr. Kaczmarek served as practice group leader of a large, national law firm’s tax litigation group.
After graduating with his LL.M. in taxation from New York University, Mr. Kaczmarek accepted a position with the IRS Office of Chief Counsel. While working for the government, Mr. Kaczmarek focused his practice on U.S. Tax Court litigation, multiple “abusive tax avoidance transaction” from audit to the Tax Court, and numerous issues of first impression. When he left the IRS in 2012, he was a Senior Trial Attorney.
His current practice consists of representation of companies, individuals, and estates in IRS matters spanning from audit to litigation to collection. His most recent trials include the representation of a judge in an issue of first impression, a yacht charter company owner, a fraud case involving a Ponzi scheme, and a case involving a large tax preparation firm.
In the captive insurance realm, Mr. Kaczmarek served as lead counsel in a Tax Court case involving IRC 831(b), reviewed numerous captive managers’ programs as a “pre-audit”, represented a captive manager in IRS summons enforcement and FOIA proceedings in the U.S. District Court, and represented numerous captive insurance companies, their insureds, and their owners in IRS audits, appeals, and Tax Court proceedings.
As of January 2019, Mr. Kaczmarek had 21 published opinions in the U.S. Tax Court, with multiple cases tried and awaiting the issuance of an opinion.