Dave, thanks for your thoughts. I agree it is very difficult to offer advise without seeing the 'bones' of the tree, I will post a picture this fall when it is bare of leaves. I will also look at the possibility of reducing the height.
As for the Nebari and under soil roots, it's pretty much as the picture shows. It does not show that this tree was planted in this pot with a shoehorn, the roots go from the right edge to the left edge. Feeling with my fingers it does not appear to have much additional large roots below the surface, this will be proven true or not when I re-pot possible next spring. This tree has been in this pot for a couple of years.
As to the pot, any thoughts from the group?