Is the tomato a fruit or a vegetable?

A Tomatoe is botanically and scientifically a fruit because it contains the ovary and the seeds of a flowering plant. It is a fruit even although it is used as a vegetable, but since the Supreme Court in the Nix vs Hedden case in 1893 unanimously decided that customs regulations should classify tomatoes as a vegetable instead of a fruit for taxation purposes,

so the answer would be tomatoes are considered vegetables