Tax issues fall into a number of separate categories. Initially, we need to determine what type of tax issue you’re facing. We represent clients with numerous tax controversy issues, including collection, audit, trust fund recovery penalty, innocent spouse relief, and tax litigation. Our Scottsdale tax lawyers are knowledgeable and experienced lawyers who are here to help you.
Collection: When an individual or business owes money to the IRS, the IRS begins sending notices in the mail. These letters from the IRS start off as gentle reminders but quickly take a more threatening tone. If an unresolved tax issue is left unaddressed, the IRS can file a federal tax lien against the recipient or levy an asset. However, in most cases, there is a reasonable explanation for why a business or individual owes the money to the IRS. At Kaczmarek & Jojola, we represent individuals and businesses in all types of IRS tax collection matters. Often, during our first meeting, we help develop an effective and manageable plan to resolve your outstanding tax issues.
Audit: If the IRS believes that something contained in a tax return is out of the ordinary, it can conduct an audit. For most taxpayers and businesses, receiving news of an audit is a frightening experience. Much of this fear, however, stems from the unknown. At Kaczmarek & Jojola, our experienced Scottsdale tax lawyer help businesses and individuals safely deal with all types of IRS audits, including field audits, correspondence audits, and office audits.
Trust Fund Recovery Penalty: The Trust Fund Recovery Penalty (TFRP) is a penalty that the IRS can assess against a person who is responsible for collecting and paying certain taxes, including employment taxes and payroll taxes. To assess a TFRP, the IRS must prove both that an individual is the party responsible for paying the tax and that they willfully failed to do so. At Kaczmarek & Jojola, our team of dedicated Scottsdale tax attorneys are among the few lawyers in the area who can confidently handle this niche area of tax law.
Innocent Spouse Relief: It may seem incomprehensible that the IRS could come after a spouse based on problems with a return they did not prepare. Yet, it is not uncommon. However, spouses who have no knowledge of an erroneous return may be able to avoid liability by qualifying for innocent spouse relief. At Kaczmarek & Jojola, we have extensive experience handling innocent-spouse claims.
Litigation: While the majority of IRS tax disputes settle without the need for a trial, in some cases, litigation cannot be avoided. As experienced Scottsdale tax attorneys, we can effectively represent you in whatever tax issues you are facing.
831(b) Captive Insurance Defense: In recent years, the IRS has become increasingly aggressive when it comes to captive insurance programs. In some situations, businesses receive notices of an audit despite their best efforts to comply with all laws and regulations. At Kaczmarek & Jojola, we have handled over 100 captive insurance cases and understand this complex intersection of tax and insurance law.
Yacht Leasing Business Representation: For a variety of reasons, yacht leasing businesses and their clients often face heightened scrutiny from the IRS. At Kaczmarek & Jojola, we command an in-depth knowledge of the unique tax issues facing the yacht leasing business, providing accurate guidance and effective representation to yacht charter companies and their clients regarding IRS audits, appeals, and Tax Court representation.
“If you’re facing any of these tax issues, call us. Our highly-skilled Scottsdale tax lawyers can help.”
Kaczmarek & Jojola, PLLC represents individuals, businesses, trusts and estates against the I.R.S. and state/local taxing authorities. The Southwest based law firm’s clients range from large NYSE traded corporations to small businesses and individuals located in 35+ states and numerous foreign countries.
Derek W. Kaczmarek and David R. Jojola founded Kaczmarek & Jojola in 2019, continuing their tradition of aggressive but discrete representation of large and small clients. The one unifying factor among their diverse group of clients? The I.R.S.
The firm’s practice areas consist of defending taxpayers in I.R.S. audits, collection disputes, trust fund recovery penalty cases, innocent spouse cases, litigation, captive insurance, and yacht chartering businesses.
Derek W. Kaczmarek is partner and co-founder of Kaczmarek & Jojola, a tax law firm. 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 discreetly but 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.
David R. Jojola is partner and co-founder of Kaczmarek. His practice includes tax audits, litigation, and collection. As a tax controversy attorney, he represents individuals, businesses, trusts and estates against the I.R.S. and state/local taxing authorities. The firm currently represents clients in 35+ states and numerous foreign countries.
The Tax Section of the State Bar of Arizona elected Mr. Jojola as a member-at-large in 2017. He continues to serve as an elected member of the Tax Section. The State Bar of Arizona’s Board of Legal Specialization also recognizes Mr. Jojola as a certified tax law specialist.
Mr. Jojola began his tax career in 1995 as a trial attorney with the IRS in Los Angeles, California. In this position, Mr. Jojola managed a large and active docket of U.S. Tax Court cases in addition to advising I.R.S. revenue agents and officers in audit and collection matters. Mr. Jojola also oversaw the I.R.S.’s innocent spouse cases in the Southern California region, developing an expertise in this area.
In 2007 Mr. Jojola left the I.R.S. to work with a small tax controversy law firm. He eventually left this firm to represent clients at large national law firm (AmLaw 200). Ultimately, Mr. Jojola decided to form Kaczmarek & Jojola where he serves as managing partner.
Traders (or any taxpayer) may have heard the recent news that the IRS extended the filing deadline for 2020 taxes from April 15, 2021 to May 17, 2021. Traders (or any taxpayer), however, may be less aware about the tax implications surrounding cryptocurrency and IRS enforcement efforts. Virtual currency, also known as cryptocurrency, was a...
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a.k.a. How can I settle with the IRS for “pennies on the dollar”? The IRS can be a fearsome creditor, levying bank accounts and other assets or filing liens to notify the public of your debt to the IRS. On rare occasions, the IRS may seize your home or criminally prosecute you for willful failure...
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As a general principle, employees may only deduct expenses as itemized deductions on Schedule A (“unreimbursed employee expenses”). This treatment causes several disadvantages. A more advantageous deduction occurs “above-the-line” which is not generally available to employees. Above-the-line deductions reduce a taxpayer’s adjusted gross income. An employee may deduct unreimbursed employee business expenses below the line,...
Read ArticleDerek was very deliberate in evaluating our case and decided upon a new tactic to defend us from the IRS. He was brilliant in organizing our defense and for the first time, we felt that we had a chance to prove our position...Read More
Larry K.
I felt safe and secure right away with him, which is very hard to do with most Attorneys. Derek is a great negotiator and has an incredible sense of timing; he knows what to do, how to do it and when to do it...Read more
Scott S.
I was very impressed with Derek and obviously I was extremely happy with the result he obtained on my tax issue....Read More
John B.
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