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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.
How many years back can you get a tax refund? The IRS Statute of Limitations allows you three years from the filing deadline to file your prior year return and claim your refund. For example, the last day to claim your tax refund for the 2013 tax year is April 15, 2017. This is because the deadline date was April 15, 2014. Keep in mind that they also have the same amount of time to audit you and up to ten years to collect any unpaid tax.