Victory Tastes Like A Red Ripe Tomato

In conversation with friends, I usually mention how the only vegetables I can get my son to eat are French Fries and the tomatoes in spaghetti sauce.  The argument starts when my son informs me that a tomato is technically a fruit.  Well , seeing how I just picked the first summer tomato from my VEGETABLE garden , I’ll take on my son’s theory.  You may say tomayto and I may say tomahto, but the Supreme Court says vegetable.  In 1883 the United States Congress passed the Tariff Act which imposed a 10% tariff on imported vegetables but no tariff on imported fruits.  Tomato importer, John Nix, argued that tomatoes where a fruit, thus, no tariff should apply.  The case of Nix vs Hedden came before the Supreme Court in 1893.  The Supreme Court ruled unanimously that for tax purposes, the tomato should be classified based on the way it was used.  The court acknowledged that while, botanically, a tomato is a fruit, legally it is not because it is generally consumed with the main course of a meal, not as a dessert.  I know this is a minor victory on my part and will probably be lost on my son, but I’ll take it.  And victory is best served, thickly sliced with a spoonful of cottage cheese on top.