NIELSEN CO. (US) v. COUNTY BD. OF ARLINGTON

Record No. 140422.

767 S.E.2d 1 (2015)

The NIELSEN COMPANY (US), LLC v. COUNTY BOARD OF ARLINGTON COUNTY, et al.

Supreme Court of Virginia.

January 8, 2015.


Attorney(s) appearing for the Case

Michael R. Shebelskie ( William L.S. Rowe ; Joseph M. Sullivan ; Hunton & Williams; Sullivan Law Office, Fairfax, on briefs), for appellant.

Raymond A. Warren for appellee Ingrid H. Morroy , Commissioner of Revenue for the County of Arlington.

Ara L. Tramblian , Deputy County Attorney, for appellee County Board of Arlington County.

Amicus Curiae: Virginia Chamber of Commerce ( Neil V. Birkhoff ; Frank K. Friedman ; Woods Rogers , Roanoke, on briefs), in support of appellant.

Amici Curiae: County of Fairfax and Board of Supervisors of Fairfax County ( David P. Bobzien , County Attorney; Gail P. Langham , Assistant County Attorney; James V. McGettrick , Assistant County Attorney, on brief), in support of appellee County Board of Arlington County.

Amici Curiae: Local Government Attorneys of Virginia, Virginia Association of Counties, and Virginia Municipal League ( Andrew R. McRoberts ; Ian Lambeets ; Sands Anderson , Richmond, on brief), in support of appellees.

Present: LEMONS, C.J., MILLETTE, MIMS, McCLANAHAN, and POWELL, JJ., and RUSSELL and LACY, S. JJ.


Opinion by Justice LEROY F. MILLETTE, JR.

In this appeal we consider whether the Tax Commissioner employed a permissible methodology — a payroll percentage calculation — to determine the amount of certain receipts that, pursuant to Code § 58.1-3732(B)(2), may be deducted from the pool of taxable gross receipts upon which a locality may levy a business license tax.

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