"I would meet the 330 days out of the country but needed to go back to the states to defend myself in court"

I saw your question also in the PTO FB group.  My first question is whether you have qualified that statement.  330-day count (which btw, is based on any 12-month period instead of calendar year as your question seems to imply) is not the only criterion for §911.  You need to review his underlying contract (e.g. long term assignment/employment, military contractors, rotational schedules, etc.) and other relevant facts and circumstances to establish not only his tax home but also his abode (which has been a point of contention in recent cases).

Unless the year in question is your client's first year overseas or he's a green card holder, assuming all the other conditions for §911 are met, you should use BFR instead.

[Edited: Your question was posted on the FB group instead of NAEA webboard]