A few questions before we get down to details: where exactly are you located? Do you know the cultivar name of the tree? Did the nursery plant the tree? Do they offer a guarantee on their product/services? Large, mature Japanese maples (which this one is) are generally pretty pricey plants - did you get a really good deal or a "bargain price" on this? And can you post a close-up photo of the 'dead' branches in question?

You do realize that these are deciduous trees and most have shed or are in the process of shedding all their leaves right now, so leaf drop is not unexpected. But those center branches do look pretty colorless. Answering these questions can help us figure out what's up.

I am in Nashville, TN.
I believe the nursery said it was Oshibeni?
The nursery did plant the tree.
It was a bargain, they had it for a while and got stuck with it because a customer didnt pay.

I will try to take more pics tomorrow.

I realize its the fall season and leaves should be falling off, but I thought it was odd that only the branches in the center and near the top had no leaves.

What color should the bark/branches be?

The guys at the nursery had said that because of the harsh summer that the tree may not change color (it was green, but it did change to red now as you can see).

thanks alot of helping!

the tree cost me 1000$ btw, pretty good price for the size, but not if its dying obv...which would be devistating. it was beautiful at the nursery in the spring.

Also,

I would like to add that we had a late freeze in march or april that kill off all the leaves. The nursery warned me about this and said it would likely not change color in the spring.

That would be 'Oshio-beni' and it is a small shrub-like tree with a rounded canopy and a very low branching habit. Removing the lower branches to create a more "tree-like" appearance would NOT enhance the appearance of this particular maple cultivar, IMO.

Exposure to the late freeze a large part of this country experienced around Easter could have had a pretty detrimental affect on this tree.......I'm not surprised the nursery was offering it at a bargain price. That plus its age and very mature size makes it a risky candidate for a 100% successful transplanting. I hope you got some sort of guarantee, as $1000 is a lot of cash to layout for what may best be a 50-50 proposition.

If the so-called 'dead' twigs or stems are a pale or silvery gray, then they are indeed most likely dead. This can be confirmed by bending the twigs - if they snap cleanly and with a dry, tannish interior, they are dead wood. Also, viable twigs and stems will have distinct buds on them. Rubbing off a couple of buds will expose the interior, which should be succulent rather than dry and brown. All dead wood can/should be removed and there is really no restriction as to when this can be done. Other pruning (which I don't recommend for this cultivar) should wait until December or January when the tree is fully dormant but before the sap starts moving.

My final suggestion is if you have never pruned a tree before, a Japanese maple of this age, size and potential value is not a place to start :-) Hire a professional or take some classes, preferrably those that emphasize Japanese maples, and from a very well-qualified instructor. As a 20 year nurseryperson and landscape professional, I've seen more trees and shrubs mangled - often beyond redemption - by well-intentioned but uninformed homeowners who do not understand how, when and why to prune. Know what you are doing before you start or leave it to the professionals.

Although I would say everything GG said is true i would wait until next spring and see what comes back ...you will still be able to remove the dead stuff and I think the less fussing with the tree at this point the better in addition you will have a better idea of what to trim in addition to the dead stuff... even though you may have to wait til next fall...You may also find most of the branches dead and need to call the nursery why waste your time now ...on the other hand you may accidentally cut stuff that isn't dead or that may come back in spring ( I doubt it but???)... Overall I see no need to mess with this 50/50 tree NOW... and see no real down side with waiting and quite a bit of up side. I would call the nursery about the gurantee which sounds like they are NOT gonna honor or maybe give half back ( they did warn you which is sort of a biuyer beware message)...then a decision will have to be made if your possibly cyclopsed tree ( after pruning the dead stuff is worth saving and waiting years for it to regrow and shape up)...if it makes it through the winter . As the saying goes some deals are not worth it just because they are deals...I think you tree in perfect or even good condition would qualify as a "good" deal for that size and branched aged tree...but that is not the case as I see it...it ids no wonder to me thae other buyer did not take it..David

Great advice - This was a TOUGH year on maples in Nashville - I lost 5 completely and still have another that could go at any time...
Waiting until spring is a good bet, especially without any prior experience. And I hear good things about Druid Tree Service for expert pruning - they are apparently a trusted resource for some pretty knowledgeable gardeners I know...
Good luck-
Zack