Michele serves as the chair of the firm’s nonprofit and tax-exempt organizations practice team. With more than 35 years of experience, Michele routinely represents many public charities, major colleges and universities, supporting organizations, large private foundations, and charitable trusts on a variety of federal tax and governance matters.
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 transaction rules and the private foundation rules, including self-dealing, excess business holding, and taxable expenditure issues, 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 the use of charitable remainder trusts, charitable lead trusts, charitable gift annuities 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.
Michele is a Fellow in the American College of Trust and Estate Counsel, and she previously served as its Virginia State Chair. She also is the immediate Past Chair of ACTEC’s Charitable Planning & Exempt Organizations Committee. Michele is also a member of the Fiduciary Income Tax Committee of the Tax Section of the American Bar Association and is a former chair of the Trusts and Estates Section of the Virginia State Bar.
Experience
- Implementation of numerous planned gifts, including charitable remainder trusts, charitable lead trusts, gift annuities, and gifts of remainder interests in personal residences, including related gift documents and plans to meet unique donor objectives.
- Establishment of and advice to numerous family and corporate private foundations regarding self-dealing, excess business holding, jeopardy investment, minimum distribution, and taxable expenditure rules. Requests for IRS rulings on tax classification changes, including conversions to private foundation, publicly supported organization, and Type I, II, or III supporting organization.
- Advice on unrelated business income tax issues, including affinity card agreements, debt-financed income, and gift shop sales.
- Preparation of planned giving forms for a number of educational institutions and corporate fiduciaries.
- Legal, tax, and governance compliance audits for several university-affiliated foundations and a large national membership organization.
- Excess benefit transaction advice in connection with executive compensation of chief executive and other officers of universities and other public charities and sales transactions involving substantial contributors to public charities.
- Planning and implementation of sale and gift of major art collection valued at more than $40 million to museum-affiliated foundation.
- William & Mary Law SchoolLLM1992
-
University of Richmond School of LawJD
magna cum laude, Member, University of Richmond Law Review
1985 - University of VirginiaBA1982
Member and Fellow; Virginia State Chair, 2008-2013; Vice Chair, 2018-2019; Chair 2019-2020, Charitable Planning & Exempt Organizations Committee, 2009-2012, American College of Trust and Estate Counsel
Director, The Steward School
Trustee, Richmond Memorial Health Foundation
Taxation Section Member, Fiduciary Income Tax Committee, American Bar Association
Member, Real Property, Probate & Trust Section, American Bar Association
Member; Chairman, 1999-2000; Vice Chairman, 1998-1999; Secretary, 1997-1998, Trusts and Estates Section, Virginia State Bar
Member, Richmond Bar Association
Member, Virginia Bar Association
Member, National Association of Charitable Gift Planners
Member, Virginia Gift Planning Council
Member, Community Foundation for a greater Richmond Professional Advisors Council
Member, National Association of Colleges and University Attorneys
Director, 2001-2009, The Community Foundation, Richmond, Virginia
Director, Missionary Emergency Fund
Director, Richmond Opportunities, Inc.
Member, Charitable Advisors, Virginia Museum of Fine Arts
- Speaker, "Impact of Taxes and Other Factors on Charitable Giving," Annual Wealth Planning Update for Fiduciaries and Advisers, November 13, 2024
- Speaker, "Nonprofit Current Developments," "Best Practices for Corporate Documents and Policies" and "Planned Gifts of Complex or Difficult Assets," 21st Annual Nonprofit Seminar, October 2024
- Speaker, Private Wealth Services Virtual Seminar Series, September-October 2023
- Speaker, "Tax and Other Implications of Corporate Sponsorships and Other Donor Arrangements" and "Nonprofit Boards: Director Recruitment, Retention, and Relationships with Staff ," 20th Annual Nonprofit Seminar, September 2023
- Speaker, "Hot Topics for Unrelated Trade or Business Activities" and "Tax Considerations Related to Mission or Program-Related Investments," 19th Annual Nonprofit Seminar, Richmond, Charlottesville, Charlotte and Raleigh, September – October 2022
- Speaker, "Current Developments" and "Best Practices Related to Gift Acceptance Policies and Gift Agreements: In-Depth Discussion of Modification of Restricted and/or Endowed Gifts," 18th Annual Nonprofit Seminar, November - December 2021
- Speaker, Private Wealth Services Virtual Seminar Series, September 2020
- Speaker, "Current Developments and Update on 2017 Tax Act Changes Affecting Nonprofits," "Common Questions and Errors on Form 990 and Form 990-T," "Your Charity is a Beneficiary: What Next?" and "Charitable Giving in a Nutshell," 17th Annual Nonprofit Seminar, September - November 2019
- Speaker, "Charitable Tax Planning Under the 2017 Tax Act," 14th Annual Fiduciary Advisory Services Seminar, Wednesday, October 2, 2019
- Speaker, Tax Reform Impact on Employee Benefits of Tax-Exempt Organizations Webinar, April 2, 2019
- Co-presenter, "Nonprofits and Exempt Organizations One Year After Tax Reform," Strafford, February 2019
- Speaker, "Philanthropy: Impact of Taxes and Other Motivating Factors on Donors," Strafford, Estate Planning Council of Portland, February 2019
- Co-panelist, "The Life Cycle of a Charity," Heckerling Institute on Estate Planning, January 2019
- Speaker, "2017 Tax Act Changes Affecting Nonprofits", "Charitable Giving after the 2017 Tax Act" and "Effective Advocacy for Change: Understanding Tax Boundaries," 16th Annual Nonprofit Seminar, October - November 2018
- Speaker, "Philanthropy: Impact of Taxes and other Motivating Factors on Donors," 13th Annual Fiduciary Advisory Services Seminar, October 2018
- Co-speaker, "A Fresh Look at Charitable Planning," ACTEC Southeast Regional Meeting, September 2018
- Co-speaker, "Current Tax Developments affecting Higher Education Foundations," 6th Annual Virginia Higher Education Foundation CEO Conference, June 2018
- Speaker, "Planned Giving in 2018 and Beyond: Income Tax Changes Set the Stage for a Different Conversation Around Philanthropy," Milwaukee Estate Planning Forum, June 2018
- Co-speaker, "How to Support Your Nonprofit’s Mission: Creating Change Through Advocacy," Milwaukee Estate Planning Forum, April 2018
- Speaker, "Tax Reform and the Impact on Tax-Exempt Organizations," Essential Insight on Sweeping Tax Reforms, February 2018
- Co-panelist, "What’s a Donor to Do? Planned Giving in a Changing Tax Landscape," Heckerling Institute on Estate Planning, January 2018
- Speaker, "Creative Uses of Planned Giving Techniques in an Uncertain Tax Environment," Heckerling Institute on Estate Planning, January 2018
- Co-panelist, "Structuring Philanthropy – What Works When," Heckerling Institute on Estate Planning, January 2018
- Speaker, "Hot Topics for Non-Profits", "Investments: Special Considerations for Nonprofits" and "Charitable Giving: A Potpourri," 15th Annual Nonprofit Seminar – Back to Basics, September - November 2017
- Panelist, Tax Reform Behind the Headlines, McGuireWoods LLP Webinar, June 6, 2017
- Speaker, "Charitable Remainder and Charitable Lead Trusts: The Rules and Creative Planning Opportunities in the Current Tax and Economic Environment," Strafford, Estate Planning Council of Portland, January 2017
- Speaker, New York Office to Host Institutional Investor Clients, McGuireWoods LLP and The Regulatory Fundamentals Group, July 2016
- Co-panelist, "The Nuts and Bolts of Charitable Remainder and Charitable Lead Trusts: Tax Rules, Drafting Guidelines and Creative Planning Ideas," Heckerling Institute on Estate Planning, January 2016
- Speaker, "Tax Classification of Charitable Organizations: Public Charities, Private Foundations, and Donor Advised Funds," "Unrelated Business Taxable Income: Case Studies," "Drafting Effective Gift Agreements" and "Charitable Remainder and Charitable Lead Trusts: A Primer," 13th Annual Nonprofit Seminar – Staying Current and Avoiding Trouble: What Nonprofits Need to Know, September - October 2015
- Co-speaker, "Restricted Charitable Gifts: Draft Agreements that Stand the Test of Time," 49th Heckerling Institute on Estate Planning, January 2015
- Speaker, "Current Tax Developments Affecting Nonprofits," "Impact of Tax Reform Proposals on Nonprofits," and "ACT Recommendations for the Unrelated Business Income Tax," 12th Annual Nonprofit Seminar, September - October, 2014
- Speaker, "Charitable Trusts: Tax Classification Under the 2012 Type III Supporting Organization Final and Temporary Regulations," Surmounting the Current Challenges: Issues Confronting Professional Fiduciaries, October 2013
- Co-speaker, "Current Tax Developments," "The Role of the Board of Directors – General Governance and Major Events" and "Best Practices in Planned Giving and Gift Management," 11th Annual Nonprofit Seminar: Best Practices in Nonprofit Management, September and October 2013
- Faculty, "After the American Taxpayer Relief Act of 2012," Charitable Planning in 2013, The American College of Trust and Estate Counsel, February 2013
- Speaker, "Current Tax Developments Affecting Nonprofits," and "Substantiation of Charitable Gifts and Charitable Solicitation Registration," 10th Annual Nonprofit Seminar, September - October 2012
- Moderator, "Your Seat at the Table – Being the Lawyer on a Non-Profit Board," WMACCA Corporate Governance Conference: The Well-Run Board, March 2012
- Panelist, "Nonprofits: Tax Classification and Governance," WebCredenza Teleseminar, March 2012
- Speaker, "Current Developments Affecting Tax-Exempt Organizations and Charitable Giving," The Fiduciary Advisory Services Seminar, co-presented by the Fiduciary Education Center, October 2010
- Speaker and Panelist, "Charitable Contribution Developments; Exempt Organization Developments; Investment and Endowment Management for Nonprofits; and, Unrelated Business Income Tax: A Trap for the Unwary," 9th Annual Nonprofit Seminar, October 2011
- Speaker, "Global Philanthropy," ACTEC Charitable Planning Committee, October 2011
- Speaker, "Current Developments Affecting Tax-Exempt Organizations and Charitable Giving," McGuireWoods LLP Fiduciary Advisory Services Seminar: The Changed Environment for Corporate Fiduciaries: How to Successfully Meet the Challenges, McGuireWoods LLP, October 2010
- Speaker, "Creative and Practical Planning with Private Foundations," ALI-ABA Sophisticated Estate Planning, September 2011
- Speaker, "Protecting the Donor’s Charitable Deduction," Virginia Museum of Fine Arts Charitable Advisors, September 2011
- Panelist, "Duties and Liabilities of Nonprofit Directors and Officers," WebCredenza Teleseminar, May 2011
- Speaker, "Current Developments Affecting Tax-Exempt Organizations and Charitable Giving," Fiduciary Advisory Services Seminar, October 2010
- Speaker, Current Developments Affecting Tax-Exempt Organizations and Charitable Giving, December 2010
- Speaker, "Current Developments Affecting Tax-Exempt Organizations and Charitable Giving," McGuireWoods Fiduciary Advisory Services, McGuireWoods LLP & Fiduciary Education Center, LLC, October 2010
- Speaker, "Tax and Legal Update," Finance Administration Roundtable, June 2010
- Panelist, "Selecting the Best Charitable Donee: Public Charity, Donor Advised Fund, or Private Foundation," ACTEC Annual Meeting, March 2010
- Speaker, "Current Developments Affecting Tax-Exempt Organizations and Charitable Giving," Fiduciary Advisory Services Seminar, October 2010
- Speaker, "Creative Charitable Giving in Times of Economic Uncertainty," Partnership for Philanthropic Planning of the Blue Ridge, December 2009
- Speaker, "Charitable Update," How to Successfully Deal With the New Challenges Facing a Corporate Fiduciary, McGuireWoods LLP & The Fiduciary Education Center, November 2009
- Speaker, "Private Foundation Requirements and Restrictions," Lorman Educational Series, November 2009
- Speaker, "Thinking Outside the Box: Innovative Charitable Giving in an Uncertain Economy," Duke University Estate Planning Conference, October 2009
- Speaker, "The New Uniform Management of Institutional Funds Act," Yount, Hyde & Barbour Nonprofit Symposium, June 2009
- Speaker, "Observations, Decisions, and Consequences of the IRS Compliance Questionnaire for Colleges and Universities," Goin’ Fishin’ with the IRS, February 2, 2009
- Speaker, "The New Form 990 and Current Developments for Nonprofits," Virginia YMCA, February 2009
- Speaker, "Creative Uses of Charitable Remainder and Charitable Lead Trusts," McGuireWoods Fiduciary Advisory Services, November 2008
- Speaker, "Current Developments Affecting Nonprofits and Form 990 and Good Governance," NSBA Council of School Attorneys State Association Counsel Meeting, November 2008
- Speaker, "The New Form 990," Southeastern Council on Foundation Health Legacy CEO Assembly, March 2008
- Speaker, "The 2006 Charitable Legislation: Navigating Uncharted Waters," 59th Annual Conference on Federal Taxation, June 2007
- Virginia
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Tax Court
Selected for inclusion in The Best Lawyers in America, Nonprofit/Charities Law, Trusts and Estates, Woodward/White, Inc., 2007-2025
Selected for inclusion in “Legal 500 United States,” Education; Tax: Nonprofit and Tax-Exempt Organizations, 2021, 2022, 2023, 2024
Named to “Virginia Super Lawyers,” Non-Profit, Tax, Estate Planning & Probate, Super Lawyers, Thomson Reuters, 2006, 2012-2013, 2015-2024
Named “Lawyer of the Year,” Richmond, Trusts and Estates, The Best Lawyers in America, 2018, 2023
Named a “Notable Practitioner,” Private Wealth Law, Band 1, District of Columbia and Nationwide, 2016, 2017; Band 2, Virginia, 2018, 2019; Band 1, Virginia, 2020-2023, Chambers HNW Guide
Named a “Divorce, Trusts and Estates Trailblazer,” The National Law Journal, 2017
Selected for inclusion in America’s Leading Lawyers for Business, Wealth Management: Eastern Region, Nationwide, Chambers USA, 2013-2016
- Author, Donor Advised Funds: Proposed Regs Offer Guidance, But Leave Big Questions Unanswered, McGuireWoods Legal Alert, February 14, 2024
- Author, Reminder: Private Foundations Are Subject to 1.39% Excise Tax on Net Investment Income, McGuireWoods Legal Alert, August 7, 2023
- Author, SECURE 2.0 and Other Legislative Proposals Address Charitable Giving Strategies, McGuireWoods Legal Alert, May 15, 2023
- Author, Timing Is Critical for Gift of Appreciated Stock to Avoid Capital Gain From Sale of Company, McGuireWoods Legal Alert, March 20, 2023
- Author, Procedural Missteps Lead to Loss of Tax Deductions for Charitable Gifts, McGuireWoods Legal Alert, November 10, 2022
- Author, IRS Offers Automatic Penalty Relief for Certain Nonprofits and Electronic Filing Tips, McGuireWoods Legal Alert, September 7, 2022
- Author, Recent Court Opinions Suggest Independent Schools May Be Subject to Title IX, McGuireWoods Legal Alert, August 10, 2022
- Author, Private Foundations: Exercise Caution to Avoid Self-Dealing, McGuireWoods Legal Alert, February 2, 2022
- Author, New Tax Proposals Alter Charitable Giving Strategies, McGuireWoods Legal Alert, August 17, 2021
- Author, Update on UBTI SILO Rule and IRS Form 990-T Electronic Filing, McGuireWoods Legal Alert, April 8, 2021
- Author, Charitable Lead Annuity Trusts: Planning Opportunities in Today’s Low-Interest-Rate Environment, McGuireWoods Legal Alert, February 11, 2021
- Author, New Regulations Impact Excise Tax on Certain Private College and University Investment Income, McGuireWoods Legal Alert, November 17, 2020
- Author, Key Considerations for Charities Regarding Bequests and Other Deferred Gifts, McGuireWoods Legal Alert, July 8, 2020
- Author, COVID-19 Pandemic: Tax Relief Affecting Nonprofits, McGuireWoods Legal Alert, April 9, 2020
- Author, CARES Act Provides Tax Relief to Encourage Charitable Giving in 2020, McGuireWoods Legal Alert, March 31, 2020
- Author, COVID-19 and Employers: Financial Assistance for Employee Hardship, McGuireWoods Legal Alert, March 20, 2020
- Author, IRS Issues Guidance on Filing Refund Claims Related to the Repeal of the “Parking Tax” on Nonprofits, McGuireWoods Legal Alert, January 27, 2020
- Author, Parking Tax on Nonprofits Retroactively Repealed and Tax Rate for Private Foundations Changed, McGuireWoods Legal Alert, January 16, 2020
- Author, Creative Tax Planning With “Flip” Charitable Remainder Unitrusts, McGuireWoods Legal Alert, October 23, 2019
- Quoted, "Uncertain Times Revive Interest in Charitable Gift Annuities," Tax Notes, September 13, 2019
- Author, Special Care for Special Dollars: Endowments and Restricted Funds, McGuireWoods Legal Alert, July 18, 2019
- Co-author, "Chapter 6: Tax Planning," Estate Planning in Virginia, 2019
- Author, Ron Aucutt’s “Top Ten” Estate Planning and Estate Tax Developments of 2018, McGuireWoods Legal Alert, December 21, 2018
- Author, Donors Must Dot All i’s, Cross All t’s When Making Year-End Charitable Gifts, McGuireWoods Legal Alert, December 17, 2018
- Co-author, "What Is And Isn’t Clear About Unrelated Business Income Tax," Expert Analysis, Law 360, December 17, 2018
- Author, Tax Law Changes Complicate Tax-Exempt Organizations’ Attempts to Calculate UBTI, McGuireWoods Legal Alert, December 13, 2018
- Author, New Tax Regulations Limit Deductions for Gifts That Generate State Tax Credits, McGuireWoods Legal Alert, September 7, 2018
- Author, Donor Advised Funds: Useful New Tools for Charities and Donors, McGuireWoods Legal Alert, August 14, 2018
- Author, Charitable Giving After Tax Reform, McGuireWoods Legal Alert, May 30, 2018
- Author, Family Foundations and Family Offices – Navigating the Private Foundation Rules, Taxation of Exempts, January/February 2018 and March 1, 2018
- Author, Tax Reform: Modifications to the Conference Committee’s Bill, McGuireWoods Legal Alert, December 20, 2017
- Author, Tax Cuts and Jobs Act: The Conference Committee’s Bill, McGuireWoods Legal Alert, December 18, 2017
- Author, Tax Cuts and Jobs Act: Senate Bill Revisions Affecting Tax-Exempt Organizations, McGuireWoods Legal Alert, December 5, 2017
- Author, Tax Cuts and Jobs Act: A Comparison of Key Provisions for Tax-Exempt Organizations, McGuireWoods Legal Alert, November 17, 2017
- Author, Tax Cuts and Jobs Act: Amendments Affecting Tax-Exempt Organizations, McGuireWoods Legal Alert, November 10, 2017
- Author, GOP Proposes Allowing Charities to Take Political Sides, McGuireWoods Legal Alert, March 27, 2017
- Author, Tax-Exempt Organizations Update: Selected Developments From Washington, McGuireWoods Legal Alert, September 12, 2016
- Author, IRS Regulatory Guidance for Supporting Organizations, McGuireWoods Legal Alert, April 4, 2016
- Author, Charities and Mission Investing, McGuireWoods Legal Alert, December 18, 2015
- Author, Looking Ahead for Tax-Exempt Organizations: IRS Priorities in 2016, McGuireWoods Legal Alert, December 10, 2015
- Author, Changes to 2014 Form 990, Form 990-EZ and Form 990-PF for Exempt Organizations, McGuireWoods Legal Alert, May 1, 2015
- Author, Congressional Proposals for Nonprofit Tax Breaks and Extenders, McGuireWoods Legal Alert, March 3, 2015
- Author, Donor Advised Funds: A Popular Way to Give to Charity, McGuireWoods Legal Alert, January 30, 2015
- Author, Executive Compensation Continues to be a Hot Button Compliance Issue for Charitable Organizations, McGuireWoods Legal Alert, December 19, 2014
- Author, Tax Classification of Charitable Organizations: A Primer, McGuireWoods Legal Alert, December 2, 2014
- Author, Private Foundations: Hoping for Reform but Mastering Today’s Net Investment Income Tax, McGuireWoods Legal Alert, October 17, 2014
- Author, IRS Developments and Announcements for Tax-Exempt Organizations – Summer 2014, McGuireWoods Legal Alert, August 26, 2014
- Author, IRS Publishes Long-Awaited Final Regulations for Type III Supporting Organizations, McGuireWoods Legal Alert, January 4, 2013
- Author, Recent Court Decisions Highlight Need for Compliance with Substantiation Rules to Claim Income Tax Charitable Deduction, McGuireWoods Legal Alert, July 12, 2012
- Author, "Charitable Giving in Uncertain Times," ABA Trusts & Investments, January/February 2011
- Author, Debate Continues Over Spending Rates of College and University Endowments, McGuireWoods Legal Alert, February 14, 2011
- Author, "U.S. Charities," Chapter in Investment Management-Law and Practice, 2010
- Co-author, "The Globalization of Philanthropy: International Charitable Giving In The Twenty – First Century," Real Property Trust and Estate Law Journal, Winter 2010
- Co-author, "New Scrutiny of College and University Executive Compensation and Unrelated Business Activity," Journal of College and University Law, December 2010
- Co-author, "Estate Planning in Uncertain Times," CCH Financial and Estate Planning, Report No. 362, Vol. 3, 33,351, February 2010
- Co-author, "Estate Planning In Uncertain Times: The Impact of the Repeal of the Estate Tax and What You Need to Consider," January 1, 2010
- Author, "Madoff’s Unintended Legacy to Charities," ABA Trusts & Investments, July/August 2009
- Author, "Navigating Uncharted Waters: The New Charitable Legislation," February 5, 2008
- Co-author, "Chapter 6: Tax Planning," Estate Planning in Virginia, 2007
- Author, "Charitable Legislation: New Territory for the Nonprofit Sector," ABA Trusts & Investments, Sept./Oct. 2007