The U.S. Supreme Court settled the controversy in 1893 by declaring that the tomato is a vegetable. based on the popular definition that classifies vegetables by use, that they are generally served with dinner and not dessert.
Due to the scientific definition of a fruit, the tomato remains a fruit when not dealing with US tariffs. Nor is it the only culinary vegetable that is a botanical fruit: eggplants, cucumbers, and squashes of all kinds (such as zucchini and pumpkins) share the same ambiguity.
http://en.wikipedia.org/wiki/Tomato#...r_vegetable.3F
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