Section 6-2.5-4-12 - Auction sales; exceptions(a) A person is a retail merchant making a retail transaction when he sells tangible personal property at auction.(b) Notwithstanding subsection (a), a person is not a retail merchant making a retail transaction when:(1) he makes isolated or occasional sales of tangible personal property at auction;(2) the sales occur on the premises of the owner of the tangible personal property; and(3) the owner of the tangible personal property did not originally acquire that property for resale.As added by Acts1980 , P.L. 52, SEC.1.