Kristin M. McKenna

Kristin McKenna

Overview

Kristin McKenna advises investment companies and their advisers on the creation and taxation of investment vehicles, including regulated investment companies, REITs and hedge funds. Kristin regularly counsels her clients on compliance issues under Subchapter M of the Internal Revenue Code and on the taxation of financial products. She also has experience in advising clients on general corporate and partnership tax matters and on the tax aspects of mergers and acquisitions, restructurings, liquidations and financing transactions.

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Results

Representative Matters

  • represented a manufacturer of high performance fibers and fiber coatings in connection with its $38 million sale to a private equity investor
  • advised rePlanet, LLC, one of the largest integrated recyclers of used beverage containers in California, in a restructuring, equity raise and debt financing
  • represented a large mutual fund complex in the acquisition of funds from an international financial institution, including issuing tax opinions related to the fund mergers; testing whether each merger would satisfy the statutory, regulatory and judicial requirements for a tax-free reorganization, including the continuity of business enterprise requirement; and drafting tax provisions in the proxy statement and plan of merger
  • assisted various fund complexes in creating a matrix of their tax positions in compliance with the “good income” and diversification tests under Subchapter M with respect to various derivative instruments
  • obtained favorable closing agreements for several funds that under-reported qualified dividend income paid to shareholders
  • obtained numerous private letter rulings for clients regarding 9100 relief for late mark-to-market passive foreign investment company (PFIC) elections, investments in commodities, and investments in consumer price index (CPI) swaps
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Credentials

Bar Admissions
  • New Jersey
  • Pennsylvania
Education
  • LL.M., with distinction, Temple University Beasley School of Law
  • J.D., Temple University Beasley School of Law
  • M.B.A., Temple University Fox School of Business Management
  • B.S., cum laude, Saint Joseph's University
Memberships

  • American Bar Association, Tax Section (Investment Management Committee)
  • Philadelphia Bar Association, Tax Section

Publications

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Recognition

  • ŸThe Legal Intelligencer, Lawyers on the Fast Track
  • Philadelphia Bar Association Tax Section, Barbara W. Freedman Memorial Scholarship
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In The Community

Kristin completed the United Way of Southeastern Pennsylvania Young Leaders Program, a program designed to offer training to prepare young professionals for service on boards of nonprofit organizations.
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