According to the Certificated Flight instructor (CFI), he and the pilot departed the airport for a local personal flight. While returning to the airport, the engine surged and then shutdown. The pilot stated "we're out of gas" and the CFI assumed control of the airplane. After clearing an approximate 50-foot-high tree line, he felt the landing area was a little smaller than he wished. During the landing sequence, the right wing and nose wheel impacted the ground resulting in substantial damage to the wing spar and firewall. The CFI reported there were no preexisting mechanical anomalies with the airplane and that he did not perform a preflight of the airplane prior to the flight nor did he check the fuel level. A Federal Aviation Administration inspector that responded to the accident reported that the fuel tanks were empty and that there was no sign of fuel around the accident location.