Year-End Tax Tips


Smart Giving: End-of-Year Charitable Donation Strategies
As 2022 comes to a close, many people focus on charitable giving for the year-end tax benefits. Supporting the important work that nonprofits do is very rewarding, and fortunately there are ways to help the organizations you care about while also making smart decisions for your finances. It’s a true win-win.

Most people are aware that you can reduce your current year taxable income through a charitable deduction (if you itemize your deductions); you must donate to a qualified charity by Dec. 31 and keep the required documentation, which will vary depending on the contribution type and amount. But before you reach for your checkbook, don’t miss these tips from HBC’s Charitable Giving Group to ensure your donation makes the biggest difference.

Leverage by Gifting Appreciated Securities!
Donating appreciated stocks, bonds or mutual funds (that you’ve held for more than one year) has become increasingly popular. Publicly traded securities (including ETFs and mutual funds) may be donated to many public charities, and there are two great upsides.  The first is it provides a tax deduction equivalent to the fair market value (assuming the assets go to a public charity and do not exceed 30 percent of your Adjusted Gross Income or AGI). In addition, you’ll pay no tax on your gains. Although the market has been quite volatile in 2022, you can still likely find some appreciated assets in your portfolio.

Think about a Qualified Charitable Distribution (QCD)
If you are at least 70½, you can direct up to $100,000 a year from a traditional IRA to a charity through qualified charitable distributions (QCD). This is a great solution for retirees who may not have enough expenses, like home mortgage interest or out-of-pocket medical expenses, to justify itemizing their deductions. QCDs don’t require that you itemize, meaning that you may use the higher standard deduction, but still use a QCD to offset the income generated by an IRA distribution.

Consider a Bunching Strategy
To make the most of the potential itemized tax deductions, consider "bunching." This means bundling or bunching deductions in a single year, and then skipping one or even several years of donations. This strategy works well when your total itemized deductions for a single year may fall below the standard deduction. Obviously, this strategy requires having the financial capacity to pack more than a year's worth of your contributions into a single year. But the upside is, your “bunched” contribution can have a lot of impact for your charity AND for donors experiencing a high-income year or preparing for retirement, since you can maximize your tax benefits when you need.  If you pair this strategy with a Donor-Advised Fund or DAF discussed next, you can create a ready reserve to support charities over time.

Optimize Giving with a Donor-Advised Fund (DAF)
A DAF is a giving vehicle sponsored by a public charity. It allows donors to make a charitable contribution by December 31 and be eligible to receive an immediate tax deduction for 2022.  DAFs are unique because you can receive an income tax deduction, while being able to fund grants at a later time, giving you the breathing room to consider how and when to divide up the actual donation.  This approach can help streamline your giving, including tax recordkeeping, in one convenient location.  It also is a great vehicle in conjunction with the bunching strategy, as it allows a larger charitable deduction in a single year, without having to make the actual gifts to your favorite charitable organizations all at once.

Colorado Child Care Contribution Credit (5C)
The Colorado Child Care Contribution Credit, commonly referred to as the 5C tax credit, was established to encourage greater private support of Colorado child care programs.  Cash contributions to certain qualified Colorado organizations (and/or programs within certain nonprofits) will entitle the donor a 50% nonrefundable credit against their state income tax liability for that year, up to a maximum $100,000 credit (or the donor’s Colorado income tax liability for that year, if less).  Any unused credit due to income tax liability limitations may be carried forward for up to 5 additional tax years.  The qualified organization must provide you with a statement to this effect that you must submit with your timely filed tax return.  Most organizations require you to indicate that your donation should be allocated to these purposes/programs in advance.  Grants from DAFs (discussed above) do not qualify for the 5C Credit.  This is a unique way to support certain qualified programs/charities with a much reduced out-of-pocket impact to you.

Before moving forward with any of these giving strategies, consult your legal, tax or financial advisors. One last tip – don’t delay. Brokerage firms get very busy these final weeks of the year.

Happy giving!

The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. Tax information, if any, contained in this communication was not intended or written to be used by any person for the purpose of avoiding penalties, nor should such information be construed as an opinion upon which any person may rely.  This information shall not be construed as legal advice.

Hutchinson Black and Cook Welcomes Three New Attorneys – Molly E. Clarke, Lydia Holzman, and Ryan Robinson


Hutchinson Black and Cook LLC is pleased to welcome three new attorneys to its Boulder office. 

Molly E. Clarke will join the Trusts & Estates Group, for Hutchinson Black and Cook following a judicial clerkship with the Honorable Andrew Hartman of the 20th Judicial District in Boulder, Colorado, where her work focused on civil and probate matters.

Lydia Holzman will focus her practice on both Business & Corporate Law and Trusts & Estates for Hutchinson Black and Cook, bringing with her more than 17 years of legal experience to her practice.  Prior to joining the firm, Lydia worked both in private practice at firms in Denver and Boulder and spent over a decade as an in-house attorney, most recently working at a $12 billion global information technology company.

Ryan Robinson will join the Business and Corporate Law group for Hutchinson Black and Cook, having served as a Summer Associate for Hutchinson Black and Cook in 2022. Prior to that, Ryan clerked for a Construction Defect litigation firm, was a Judicial Intern for Colorado’s 1st Judicial District, represented startups while participating in the Colorado Law Entrepreneurial Law Clinic, and worked for the E&J Gallo Winery in Sales, Data analytics, Customer Development and Sales Management.

Welcome to all!

HBC’s John Clune Receives Ally Award from YWCA Boulder County


HBC is proud to announce that John Clune has received the YWCA 100th Anniversary Active Ally Award from YWCA Boulder County.

A nationally recognized sexual abuse attorney, John Clune has been successfully litigating on behalf of survivors of assault and harassment in courts and campus proceedings for nearly 25 years. 

“We are honored to recognize John for the incredible leadership he has demonstrated and the impact he is making in our community for women, girls and all people,” said Debbie Pope, CEO, YWCA Boulder County.

The YWCA selected John for the Ally Award for his work “as a champion of women, girls and all who identify as female in their community and/or workplaces and is an example of how those who identify as male can improve workplaces and communities so women, girls and all who identify as female can be treated equitably and thrive.”

HBC has been representing student victims of sexual assault and harassment – and many sexual assault and harassment victims in non-educational settings – for more than 20 years. 

To be considered for this award, candidates must exemplify values that align with the mission of the YWCA in eliminating racism and empowering women and girls. Nominees for this award should demonstrate they are working to challenge systems, structures and institutions for the greater advancement and equity of women, girls and all who identify as female.

Hutchinson Black and Cook LLC Launches Sports Law practice


Hutchinson Black and Cook LLC  is proud to announce the launch of its Sports Law practice. It is doing so in response to the growing needs of its clients for sports law representation, to expand its long standing work representing athletes in contract negotiations and to leverage its nationally recognized leadership in championing survivors in Title IX civil proceedings that arise in the context of student athletic programs. 

HBC’s new Sports Law practice will be led by John Clune, one of the nation’s top Title IX attorneys, and a team of attorneys with extensive experience representing athletes, coaches, and other individuals in sport communities.

“Nationally, the growth and complexity of athletic organizations at all levels has led to rising demand for sports law as a practice. At HBC, we have been representing our clients’ sports law needs for years but this expansion formalizes our approach, allows us to attract specialist Sports Law attorneys and leverages our extensive experience representing Title IX clients,” said John Clune, Chair of HBC’s Sports Law practice. “We look forward to meeting the growing Sports Law needs for local and national clients.”

HBC’s Sports Law practice will cover the following areas: Title IX, Contract Assistance, Athlete Contract Representation, Coaching Abuse, Name, Image, and Likeness (NIL), SafeSport, National Governing Body Disputes, NCAA Eligibility, Anti-Doping Rule Violations, and Professional League Player Misconduct.

For more information, see our Sports Law page.

Hutchinson Black and Cook’s Christopher Ford and David Driscoll Named Best Lawyers® 2023 “Lawyer of the Year” in Boulder


Hutchison Black and Cook LLC is proud to have two lawyers named as the Best Lawyers®  2023 “Lawyer of the Year” in Boulder. Christopher W. Ford was recognized for Personal Injury Litigation - Plaintiffs, and David J. Driscoll was recognized for Insurance Law. “Lawyer of the Year” honors are awarded annually to only one lawyer per practice area in each region.

Born and raised in Boulder, Colorado, Christopher Ford has handled cases involving serious personal injuries, civil rights, and complex commercial matters.  He joined Hutchinson Black and Cook in 1998 after completing his clerkship for the Honorable Mary Mullarkey, the Chief Justice of the Colorado Supreme Court.  He regularly teaches for the National Institute of Trial Advocacy. 

A Harvard Law School graduate, Ford was a trustee of the Legal Aid Foundation of Colorado for six years, then became Vice-Chair and then Chairperson of the Foundation.  For over 14 years, he has co-chaired the local Boulder campaign for the Foundation, which raises money for civil legal services for low-income people.

Ford has been selected for inclusion in The Best Lawyers in America® for the past 10 years and named a Colorado Super Lawyer® every year since 2013. He was also named 2017 Personal Injury-Plaintiffs "Lawyer of the Year" for Boulder by Best Lawyers®. 

David Driscolll has represented individuals, large and small businesses and government agencies in trials, appeals, arbitrations and regulatory hearings in numerous courts and venues. His 40 years of practice has also involved complex litigation, including breach of contract, business disputes, environmental torts, personal injury, construction defects, professional negligence, trespass, insurance coverage and insurance bad-faith claims. 

Driscoll is a past president and director of the Boulder County Bar Association.  He was a member of the Colorado Supreme Court's Committee that wrote the rules on the use of Magistrates, and served on the Colorado Supreme Court's Attorney Disciplinary Hearing Board for six years. In addition, he has presented continuing legal education lectures for the Boulder Bar and the Colorado Trial Lawyers Association, and has authored articles on insurance law and deposition strategies for Trial Talk.

Driscoll has been named a Colorado Super Lawyer® nine times and a 2023 The Best Lawyers in America® in the practice areas of Commercial Litigation, Insurance Law, Litigation - Insurance, and Personal Injury Litigation - Plaintiffs.

Eleven Hutchinson Black and Cook Lawyers Listed in 2023 The Best Lawyers in America®


Hutchinson Black and Cook is proud to announce that it has 11 lawyers listed in the 2023 editions of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become regarded as the definitive guide to legal excellence. 

Hutchinson Black and Cook’s complete list of 2023 The Best Lawyers in America®:

  • Jonathan Boonin – Employment Law - Individuals

  • David J. Driscoll – Commercial Litigation, Insurance Law, Litigation - Insurance, Personal Injury Litigation - Plaintiffs (5th year of recognition by Best Lawyers)

  • Maureen E. Eldredge – Corporate Law (5th year of recognition by Best Lawyers)

  • Constance T. Eyster – Trusts and Estates (15th year of recognition by Best Lawyers)

  • Christopher W. Ford – Personal Injury Litigation - Plaintiffs (10th year of recognition by Best Lawyers)

  • Glen F. Gordon – Personal Injury Litigation - Plaintiffs (10th year of recognition by Best Lawyers)

  • John B. Greer – Employment Law - Management

  • Kimberly M. Hult – Medical Malpractice Law - Plaintiffs (10th year of recognition by Best Lawyers)

  • Meghan C. Hungate – Litigation - Construction, Real Estate Law (first year of recognition by Best Lawyers)

  • Jane Caddell Paddison – Trusts and Estates (10th year of recognition by Best Lawyers)

  • C. Brad Peterson – Construction Law (15th year of recognition by Best Lawyers)

Hutchinson Black and Cook to Host Third Community Panel: “The History of the Latino Experience in Boulder County”


On March 16, 2022, Hutchinson Black and Cook, along with co-sponsors CU LatinX Law Student Association, the Museum of Boulder, the NAACP of Boulder, the Center of the American West, CU Law School and CU Black Law Students Association, will host our third of four community panel discussions: “The Roots of Today’s Racial Exclusion in Boulder County and the Road Ahead.” The March panel, “The History of the Latino Experience in Boulder County” will be held at the CU Law School and via Zoom from 7-8:30 pm.

This panel discussion will review the history and culture of Latinos in Boulder County as well as their contributions and sacrifices to our community.

For more information and registration, please click here.

HBC Achieves Important Settlement for Victim of Police Misconduct Against City of Boulder


Hutchinson Black and Cook attorneys Dan Williams and Colleen Koch recently served as co-counsel in a civil rights lawsuit alleging police misconduct brought on behalf of Sammie Lawrence, a Black resident of Boulder, against the City of Boulder arising from Mr. Lawrence’s wrongful arrest. 

Sammie Lawrence and the City of Boulder have agreed to settle the lawsuit, pending in the U.S. District Court for the District of Colorado, through a settlement agreement requiring the payment of  $95,000 and the release of police use-of-force data, including data on use of firearms and stun guns, over a two-year period. 

Per city charter, the settlement was approved by the Boulder City Council at its January 4, 2022 meeting.

Boulder Police Officer Waylon Lolotai arrested Mr. Lawrence at Boulder’s Mapleton Ballfields in April 2019 when Mr. Lawrence exercised his right to observe and record Officer Lolotai, who at the time was harassing individuals experiencing homelessness who were present at the park. When Mr. Lawrence refused to leave the scene, Officer Lolotai violently threw him to the ground and arrested him, all without probable cause. 

In the months following Mr. Lawrence’s arrest, the current Boulder Police Chief and the former Boulder City Attorney commended Officer Lolotai’s work as a police officer and steadfastly defended his conduct. In the face of the City of Boulder condoning Officer Lolotai’s misconduct, Mr. Lawrence filed a federal civil rights lawsuit. A police-practices expert retained for purposes of the lawsuit, Sergeant Natasha Powers-Marakis (Retired) concluded: “the actions of [Officer] Loloati were not in concert with generally accepted police practices.”

In announcing the settlement, Dan Williams said: “This settlement affords some measure of justice to Sammie Lawrence. We hope this settlement will prompt introspection from City officials, whose lofty rhetoric around policing has lagged far behind the reality of Boulder’s pattern of abusive police conduct.”