My suggestion would be to leave it alone for a bit longer and see what develops. Newly planted JM's can sometimes be way off schedule when it comes to leafing out although I must admit a lot of that top growth doesn't look encouraging.

If it doesn't leaf out as it should, you have a couple of options - 1) remove and replace, or 2) cut back any dead portions. #2 is going to result in a short, stubby looking tree with none of the appearance of a correctly grown 'Tobiosho'. It would not be my preferred choice :-))

I'd also question if the tree may be planted too deeply. The root flare should be clearly visible at the soil surface and not covered in mulch.......nor should the mulch be touching the trunk.

Finally, it would be useful to know where in the world you might be located and what your early spring weather has been like. That can often explain a lot of things.........

I'm not sure what happened to the pictures I uploaded. Thank you for your response. I live in SE Michigan. The root ball top is about 2-3" under flush level with the grass. 1-2"of mulch. I'll remove the mulch from the trunk. I wanted a nice 12' tree with a 12-15'spread. It seems unlikely this tree is capable of these dimensions now.

Here is what has developed over the past few weeks. No growth noted above the obvious section. I'd like to replant but it is not in the spring budget. To avoid this issue again, I will not be planting in late summer/early fall. Next year I'll have to buy another Tobiosho to replace this one.

Maybe you can work with this one and hone your pruning skills (I'm still learning.). Don't give up on him yet.

A lot of SE Michigan is zone 6 and very mild. I'm in 5b and have had very good success with JMs, including over the two polar vortex winters we experienced. Is your planting site sheltered at all from winter winds? Are you rural or urban?

Don't give up after one try. It's possible your tree was stressed or just wasn't in top condition. Iseli produces some great hybrids now that are doing well in zone 4 (my sister is growing one in northern Minnesota), so temperatures shouldn't be a limitation for you.

Another hybrid is Northern Glow, which is supposed to get quite large. I have Iseli's North Wind and find it very attractive, and I also like the look of Arctic Jade Jack Frost (my sister's cultivar).

In your area/zone, though, unless you're dealing with a particular microclimate or some very harsh winds, you should be okay to plant a number of cultivars. Check out Topiary Garden nursery and website. She's growing an entire JM nursery in a zone cooler than yours, and she (Diana) will probably have some great suggestions for you. If you do want some hardiness insurance, though, you may also want to look at the whole wonderful world of shirasawanum and japonicum JMs, which are slightly more hardy than palmatums.

You probably had the unfortunate luck to plant too low, and perhaps at slightly the wrong time, and perhaps with a dud of a tree. I'd cut off the dead wood, move it to a location where you can putter with a smaller tree, and look for a new featured JM for that spot. Good luck!