Your husband is not being honest with you. IRS does not give a person a two-year extension of time to file a tax return. Further, do you have evidence that your husband has actually paid his estimated tax? Since he is telling you that the filing of the returns has "gotten away from him," he may NOT have paid the estimated tax and/or his financial records are so bad that he cannot complete the returns himself or give the information to an accountant to complete the returns for him. Your fact pattern doesn't state whether you earned income during the two years in question. If you have earned income, I recommend that you file married filing separately tax returns for the two years, even though your income may be so little that you are not required to file. This will give you some protection if, down the road, the IRS files a substitute for return for each of the unfiled years or if your husband finally cooperates in filing the joint returns but there are problems with those returns. The important thing to remember is that you can file married filing separately and later amend by filing jointly but, once you file a joint return, you can never amend to married filing separately.
Beary Law Offices PLC is not acting as your attorney in providing this response.