The tomato is definitely a fruit, because botanically speaking, a fruit is an organ that develops from the ovary of the flower and encloses the developing seeds. Squash, melons, eggplant and all kinds of other vegetables are fruits as well. The fruit of the tomato, like the avocado and papaya, is more specifically a "betty," because its seeds are surrounded by a particular type of cellular membrane known as parenchyma.
The tomato, uniquely, also has a legal definition. Back in 1883, the United States Congress passed a Tariff Act that levied a 10 percent duty--a tax--on imported vegetables to encourage American farmers to increase domestic production of various vegetables. An American importer, John Nix, brought a boatload of West Indian tomatoes in to New York harbor. The presiding customs officials promptly levied the tariff on this botanical bounty. Nix protested that the tariff applied only to vegetables, not fruits, and that his tomatoes should therefore be exempt from taxation.
Believe it or not, Nix pleaded his case before the U.S. Supreme Court. It was there that Justice Horace Gray ruled against him: "Botanically speaking, tomatoes are the fruit of the vine, just as are cucumbers, squashes, beans, and peas. But in the common language of the people, all these vegetables are usually served at dinner, in, with, or after the soup, fish, or meat, which constitutes the principle part of the repast, and not, like fruits, generally as dessert."
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