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There are several questions here. First, the IRS can collect for 10 years following the assessment of any tax. It appears from your post that your soon to be husband doesn't owe any tax for 2009 - If the IRS determines there is a tax due, they will complete his tax return for him (substitute for return or SFR). A tax determined from an SFR does not have a statute of limitations, the IRS can always collect that tax.
The IRS tries to act on audits as quickly as possible. This means that most audits happen on returns filed within the last two years. Exceptions to the Three Year Statute of Limitations. The IRS has the right to audit back as far as six years if the taxpayer omitted more than 25% of their income for a single year. Taxpayers who leave out greater than $5,000 earned in foreign countries may also be audited as far back as six years. Not filing a tax return is not a good way to avoid an audit.