(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 Acts 1980, P.L.52, SEC.1.
Indiana Legal Code