I got this off the Internet:
In 1893 , the Supreme Court ruled that the tomato must be considered a vegetable, even though, botanically, it is a fruit. Because vegetables and fruits were subject to different import duties, it was necessary to define it as one or the other. So, tomatoes were declared to be a vegetable given that it was commonly eaten as one. (Source: The Packer, 6/9/90)
So once again I am proven wrong by the Internet...but wait.
I also got this off the Internet:
To really figure out if a tomato is a fruit or vegetable, you need to know what makes a fruit a fruit, and a vegetable a vegetable. The big question to ask is, DOES IT HAVE SEEDS?
If the answer is yes, then technically, you have a FRUIT. This, of course, makes your tomato a fruit.
What do you believe?