Lawyers / Professionals

 
Michele A. W. McKinnon       
Partner
One James Center
901 East Cary Street
Richmond, Virginia 23219-4030
T: 804.775.1060
F: 804.698.2115
mmckinnon@mcguirewoods.com
 

Ms. McKinnon is considered one of the leading authorities in Virginia in tax-exempt organizations and charitable giving. With more than 20 years of experience, she represents many public charities, major colleges and universities, supporting organizations, large private foundations, and charitable trusts.

She assists tax-exempt organizations in all aspects of compliance with the federal tax laws, as well as with governance, endowment, and investment matters. Her practice includes advice on compliance with the excess benefit taxation rules and the private foundation rules, including self-dealing, participation in joint ventures and consequences of unrelated trade or business activities. She also assists these organizations in dealing with the IRS in tax controversy matters and compliance audits.

Her work also includes structuring planned gifts to charitable organizations, including through the use of charitable remainder trusts, charitable lead trusts, charitable gift anuities, and conservation easements. She also works in the areas of estate planning and estate and trust administration, handling the administration of large complex estates, fiduciary income tax matters, fiduciary litigation, and risk management for corporate trust departments.

She is a Fellow in the American College of Trusts and Estates Counsel and currently serves as its Virginia State Chair, and a member of the Fiduciary Income Tax Committee of the Tax Section of the American Bar Association. She is a former chairman of the Trusts and Estates Section of the Virginia State Bar.


Practices & Industries
Honors
  • Named One of the "Best Lawyers in America," Woodward/White, Inc., 2007, 2008, 2009, 2010
  • Named a "Virginia Super Lawyer," Law and Politics Magazine, 2006

Publications
  • "Overview of the Unrelated Business Income Tax," March 2009
  • "Charitable Legislation: New Territory for the Nonprofit Sector," ABA Trusts & Investments (Sept./Oct. 2007)
  • "A Guide to the New Sample CRUT Forms," Taxation of Exempts (February 2006)
  • "Planning to Meet a Range of Donor Needs With 'Flip' Charitable Remainder Unitrusts," Jour. of Tax'n Exempt Organizations (May/June 2001)
  • "Summary of Qualified Appraised Rates for Income Tax Charitable Deduction Purposes," (co-authored with W. Birch Douglass, III), October 2001
  • "Charitable Giving Alternatives," (co-authored with W. Birch Douglass, III)
  • Chapter 6: Tax Planning, Estate Planning in Virginia (co-author with Dennis I. Belcher)
  • "Ozee v. American Council on Gift Annuities: Mortal Wound to Charitable Gift Annuities?", Probate Practice Reporter (November 1995)
  • "Creative Uses of Charitable Gift Annuities," Probate Practice Reporter (December 1993)
  • "Post-Mortem Planning Techniques That Save Generation-Skipping Transfer Taxes," The Journal of Taxation of Estates & Trusts (Fall 1989) (co-author with Dennis I. Belcher)

Speaking Engagements
  • Speaker, Virginia YMCA, "The New Form 990 and Current Developments for Nonprofits" (February 2009)
  • Speaker, Virginia Gift Planning Council, "The New Uniform Prudent Management of Institutional Funds Act" (January 2009)
  • Speaker, McGuireWoods Fiduciary Advisory Services, "Creative Uses of Charitable Remainder and Charitable Lead Trusts (November 2008)
  • Speaker, NSBA Council of School Attorneys State Association Counsel Meeting, "Current Developments Affecting Nonprofits," and "Form 990 and Good Governance," (November 2008)
  • Speaker, Southeastern Council on Foundation Health Legacy CEO Assembly, "The New Form 990," (March 2008)
  • Speaker, 59th Annual Conference on Federal Taxation, "The 2006 Charitable Legislation: Navigating Uncharted Waters," (June 2007)
  • Speaker, McGuireWoods Fiduciary Advisory Services, "The New Charitable Legislation under the Pension Protection Act of 2006" (October 2006)
  • Speaker, Association of Science-Technology Centers, "Nonprofit Regulations: New Challenges for Board Governance" (October 2005)
  • Speaker, Lorman Education Services, Tax Issues for Tax-Exempt Organizations in Virginia, "Current Developments" & "Compensating the Executive of a Nonprofit" (September 2005)
  • Speaker, Virginia Gift Planning Council, "Current State Legislative Developments" (September 2005)
  • Speaker, Estate Planning Council of the New River Valley, "Private Foundations" (May 2005)
  • Speaker, Lorman Education Services, Public Charities in Virginia, "Compensating the Executive of a Nonprofit," "Raising Money when Contributions are not Enough," & "Current Developments" (January 2005)
  • Speaker, Campbell University Wealth Manager's Forum, "Creative Uses of Charitable Remainder and Lead Trusts" (November 2004)
  • Speaker, 5th Annual VSCPA Tax Conference, "Compensating the Executive of a Nonprofit" (November 2004)
  • Speaker, Blue Ridge Planned Giving Study Group, "Private Foundations" (May 2004)
  • Speaker, Campbell University, "Charitable Remainder and Charitable Lead Trusts" (November 2003)
  • Speaker, Bridgewater College Estate Planning Seminar, "Charitable Giving Techniques" (October 2003)
  • Speaker, VSCPA Annual Conference "Charitable Giving Techniques" (October 2003)
  • Speaker, Virginia Association of Fundraising Executives, "Everything You Ever Needed to Know About Endowments" (November 2002)
  • Presenter, Richmond Jewish Foundation Board of Directors, "Charitable Giving" (September 2002)
  • Speaker, Virginia Accounting and Auditing Conference, "Update on the Taxation of Nonprofits" (September/October 2002)
  • Speaker, Lorman Education Services, Virginia Tax Exempt Organizations, "Charitable Giving Techniques" (September 2002)
  • Speaker, Virginia CLE, Tax-Exempt Organizations, "Charitable Giving" (March 2002)
  • Panelist, Virginia Gift Planning Council, "Effect of Economy on Charities and Charitable Giving" (November 2001)
  • Speaker, Virginia Gift Planning Council Annual Seminar, "Creative Uses of Charitable Remainder Trusts and Charitable Lead Trusts" (September 2001)
  • Speaker, Virginia Planned Giving Study Group, "Planned Giving Disclosure Rules Roundtable Discussion" (May 9, 2000)
  • Speaker, Lorman Education Services, Virginia Tax-Exempt Organizations, "Charitable Giving Techniques" (February 22, 2000)
  • Speaker, Virginia CLE 18th Annual Trusts and Estates Seminar, "Charitable Remainder Trusts - An Update and Overview" (November 1999)
  • Speaker, Charlottesville-Albemarle Community Foundation, Charitable Giving and Financial Planning Seminar, "The Benefits of Charitable Giving" (November 9, 1999)
  • Speaker, Virginia Association of Fund-Raising Executives Annual Seminar, "Creating an Endowment" (June 2, 1998)
  • Speaker, Old Dominion Estate Planning Seminar, "Viability of Charitable Remainder Trusts After the 1997 Tax Act" (May 13, 1998)
  • Presenter, Richmond Symphony Foundation Board of Directors, "Starting a Planned Giving Program" (March 10, 1998)
  • Speaker, Virginia Planned Giving Study Group, "Impact of Tax Act on Planned Giving" (November 13, 1997)
  • Speaker, Virginia Nonprofit Accounting Conference, "Current Developments in Planned Giving" (September 27, 1996)
  • Speaker, VCU-VSCPA Tax Conference, "Current Developments in Tax-Exempt Organizations Law" (November 9, 1995)
  • Speaker, PESI Seminar, "Fiduciary Income Taxation" (May 1995)

Professional Affiliations
  • American College of Trusts and Estates Counsel
    • Virginia State Chair, 2008-2013
    • Fellow
    • Charitable Planning Committee 2009
  • American Bar Association, Taxation Section Member, Fiduciary Income Tax Committee
  • American Bar Association, Real Property, Probate & Trust Section
  • Virginia State Bar, Trusts and Estates Section
    • Chairman, 1999-2000
    • Vice Chairman, 1998-1999
    • Secretary, 1997-1998
  • Richmond Bar Association
  • Virginia Bar Association
  • National Committee on Planned Giving
  • Virginia Gift Planning Council
  • University of Richmond Estate Planning Advisory Council
  • National Association of Colleges and University Attorneys
  • The Community Foundation, Richmond, Virginia, Director and Secretary
  • Missionary Emergency Fund, Director
  • Richmond Memorial Health Foundation, Director and Secretary
  • Virginia Museum of Fine Arts Planned Giving Advisory Council
  • St. Christopher's School Planned Giving Advisory Council
 

EDUCATION

College of William & Mary Marshall-Wythe School of Law, Williamsburg, Virginia, LL.M. Taxation, 1992

University of Richmond School of Law, Richmond, Virginia, J.D., magna cum laude, 1985

  • McNeill Law Society
  • University of Richmond Law Review, 1983-1985

University of Virginia, Charlottesville, Virginia, B.A., 1982

 
 

ADMITTED

Virginia 1985

U.S. Court of Appeals for the 4th Circuit

U.S. Tax Court

 

PLACE OF BIRTH

Richmond, Virginia