Tomatoes are fruit. The general rule is that fruit grow out, or off of a plant, while vegetables tend to be the root of the plant, or plant itself. Fruits grow off of the plant, and carry seeds. Tomatoes carry seeds, and grow off the plant, so factually they're fruits.Though in a few courts, tomatoes are legally ruled vegetables because they're eaten as vegetables, and fruits and vegetables have different import costs, so it was legally deemed a vegetable so they could charge the import tax on it that they do for vegetables. This decision wasn't based on facts of the plant itself though, and was decided over a hundred years ago, so honestly I'd consider it next to worthless. Following the reasoning, watermelons would be considered vegetables as well.I like bannanas. Or maybe... tomatoes... which is NOT fruit.
