The Supreme Court says so:
Nix v. Hedden, 149 U.S. 304 (1893), was a case in which the United States Supreme Court addressed whether a tomato was classified as a fruit or a vegetable...The court unanimously decided in favor of the defense and found that the tomato was classified as a vegetable...
Of course, their rationale is much more logical than I made it seem. I just found it funny that the Supreme Court deliberated on whether or not tomatoes were fruits or vegetables.
http://en.wikipedia.org/wiki/Nix_v._Hedden
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