Well, I really don't know but I will say that looks like a very small pot.

I'm kind of scared to transplant it. Would I kill it?

Sure looks like too small of a pot, Grab it down at the bottom of the stem and pull easy, You should be alright to transplant.

If that's a clay pot I'd just break it off the root ball. Then carefully repot, water, no food, shade for a couple of days and then sun.
I've broken pots off with a hammer and never lost a plant or even a tree.

I've heard that I have to transplant it sideways. Is that true. I have a large pot to put it in so I would love to do that. But I don't have a green thumb.. I kill everything in sight and am surprised it's lasted this long. If I have to plant it sideways or laying at an angle I'm not sure it will survive. I'm comfortable with removing it from the pot. It's just the stress of replanting it. Thanks again and sorry for all the questions.

Yes, it's a way-too-small pot, but that probably wouldn't keep some fruit from setting over the course of 3 months.

Where are you, and what are the temperatures (daily high and low)?

How many hours of direct sun per day does the plant receive?

Don't go for sideways at this point. Just plant it deep. Like several inches past the soil line it's at now.

Hello Shay,

I would look for a container that would hold around 5 gallons of potting mix like miracle grow or stagreen. It needs to be a potting mix not soil. A 5 gallon bucket with some holes drilled in the bottom or even a Wal-Mart shopping bag. Here is a picture of my Celebrity tomatoes in reusable Wal-Mart shopping bags.....50 cents each

Rick

Add 25% perlite for better drainage.

Im in cali, sacramento area. It gets about 80-90 during the day sometimes higher and 50-60 at night. I took it out of direct sun cuz the sun was beating it up pretty good. Its doing better with indirect sunlight. Tomorrow I will get the new pot ready to transplant it and ill see where it goes from there. I will also add the perlite. I like the walmart shopping bag idea. Thats pretty genious! Thank you everyone for the info. I feel more confident now.

I have my Patio tomato in a Walmart bag. Great minds think alike !

I don't think pot size (being small) is the reason for not fruiting. I have seen plants in 2 inch square cells setting and growing fruits. In my opinion, small pot size should encourage early fruit setting even though the fruits might not grow very big.
So I suspect other reasons, such as nutrients issue.

Seysonn - thank you. I will pay attention to the soil also. What nutrients are most important for tomatoes?

When daytime temps approach the mid-90s, fruit won't set.