Thanks guys for the replies
T.C. I do wish the plane CG was a perfect balance where it just hung in mid air on my old sticks balancer but as it is tipping either direction I just can't say it is or is not tail heavy and I have put the battery as far forward as I can, now the other part of the CG is I am assuming the correct point is 1/3 back as I have no plans or instructions if it is 1/4 back than I could say it is tail heavy for sure.
Can you explain why moving the gear back would make a tail heavy plane worse ? for whatever reason I'm not seeing it ?

T.N. As for level It looks level but I could check with an actual know good spirit level to make sure, and I can recheck total lateral balance: I did balance the wings.