I'm confused. You say your son lived in your home with his son, but then say he was incarcerated. To claim a dependent, the person must have lived with the tax payer for more than half the year. So, no, he will not be able to claim a dependent.
In order to be a qualifying child for dependency, the person must:
- Be your son, daughter, stepchild, foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, or a descendant of any of them
- Be under age 19 or under age 24 and a student at the end of the year OR permanently and totally disabled
- Have lived with you for more than half of the year
- Not have provided more than half of his or her own support
- Not be filing a joint return for the year
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